Royal Live Fish Co. v. Central Fish Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Royal Live Fish Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 8th day of July, 1912, upon a dismissal of the complaint by direction of the court at the close of the case upon a trial before the court and a jury at the New York Trial Term.
1Opinion of the Court
Hotchkiss, J.:
Plaintiff sues for damages for breach of a contract to deliver fish. A judgment in its favor on a previous trial was reversed in this court (148 App. Div. 173) on the ground that the contract did not bind defendant to deliver any fish, and so lacked mutuality. On the second trial, resulting in the judgment from which this appeal is taken, plaintiff offered in evidence the judgment roll in an action brought by it against this defendant in the City Court to recover $1,700 deposited by it with defendant as “ liquidated damages ” for any breach of the contract on plaintiff’s part.…
2Cases cited8 opinions
- Reich v. . CochranNew York Court of Appeals · 1896
- Goldberg v. Eastern Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Beebe v. ElliottNew York Supreme Court · 1848
- Lorillard v. . ClydeNew York Court of Appeals · 1886
- Hirshbach v. KetchumAppellate Division of the Supreme Court of the State of New York · 1903
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3Cited by1 opinion
- Walker v. Ideal Gas & Electric Fixture Co.Appellate Terms of the Supreme Court of New York · 1916