Pharo v. Beadleston
New York Court of Common Pleas
Appeal from city court, general term. Action by Allen R, Pharo and others against Beadleston & Woerz for defendants’ breach of contract to accept and pay for a quantity of thermometers manufactured by plaintiffs, at defendants’ instance, for use as an advertising medium in the latter’s brewing business. Defendants claimed, by way of defense, that they were induced to make the contract by alleged material misrepresentations of plaintiffs’ agent.
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Appeal from city court, general term. Action by Allen R, Pharo and others against Beadleston & Woerz for defendants’ breach of contract to accept and pay for a quantity of thermometers manufactured by plaintiffs, at defendants’ instance, for use as an advertising medium in the latter’s brewing business. Defendants claimed, by way of defense, that they were induced to make the contract by alleged material misrepresentations of plaintiffs’ agent. From a judgment of the general term of the city court (19 N. Y. Supp. 816) which affirmed a judgment entered on a verdict in plaintiffs’ favor, and…
1Opinion of the CourtBischoff, J.
No appeal lies to this court from an order of the city court of New York, which refuses a hew trial. Code Civil Proc. § 3191; Wilmore v. Flack, 96 N. Y. 512; Smith v. Pryor, (Com. Pl. N. Y.) 9 N. Y. Supp. 636. And without proper exception, founded upon a motion for dismissal of the complaint, or that a verdict be directed for defendants, we are not permitted to search the evidence for its sufficiency in support of the verdict. Barrett v. Railroad Co., 45 N. Y. 628; Schwinger v. Raymond, 105 N. Y. 648, 11 N. E. Rep. 952.
On plaintiff’s direct examination he was asked: “For what purpose did you…
2Cases cited6 opinions
- Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
- Canajoharie National Bank v. DiefendorfNew York Court of Appeals · 1890
- Cruikshank v. . GordonNew York Court of Appeals · 1890
- Neil v. . ThornNew York Court of Appeals · 1882
- Wilmore v. . FlackNew York Court of Appeals · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State v. AlbertsonNorth Dakota Supreme Court · 1910
- Eckensberger v. AmendNew York Court of Common Pleas · 1894
- Brooker v. FilkinsNew York Court of Common Pleas · 1894
- Soule v. VeyracNew York Court of Common Pleas · 1895
- Bloomingdale v. AdlerNew York Court of Common Pleas · 1894
1 more not listed; retrieve them via the Exa API.