United States Printing & Lithograph Co. v. Powers
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 25, 1921, affirming a judgment in favor of plaintiff entered upon a verdict. The verdict was joint and indivisible; the order setting it aside as to the defendants Warner set it aside also as to the appellant, and the judgment appealed from is unsupported by any verdict or finding of fact and is a nullity.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 25, 1921, affirming a judgment in favor of plaintiff entered upon a verdict. The verdict was joint and indivisible; the order setting it aside as to the defendants Warner set it aside also as to the appellant, and the judgment appealed from is unsupported by any verdict or finding of fact and is a nullity. (1 Williston on Cont. § 322; 1 Parsons on Cont. [9th ed.] 11; Nat. Surety Co. v. Seaich, 171 App. Div. 414; Rider L. R. Co. v. Roach, 97 N. Y. 378; McIntosh…
1Opinion of the Court
Hiscock, Ch. J.
On, prior and subsequent to August 26, 1913, the plaintiff was a corporation engaged in the business amongst other things of printing posters and lithographs for those engaged in the motion picture business, the Warners Features, Incorporated, was a corporation engaged in producing motion picture films and the individual defendants were officers of and interested in said latter corporation. This corporation was. a reorganized successor to another corporation which had become indebted in the amount of several thousands of dollars to plaintiff for work and materials and it had…
2Cases cited16 opinions
- Thomas v. . ScuttNew York Court of Appeals · 1891
- Hale v. . Omaha National BankNew York Court of Appeals · 1872
- Morgan v. . SmithNew York Court of Appeals · 1877
- The Rider Life Raft Co. v. . RoachNew York Court of Appeals · 1884
- Utica City National Bank v. GunnNew York Court of Appeals · 1918
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3Cited by36 opinions
- Hecht v. City of New YorkNew York Court of Appeals · 1983
- Stanley Clayman and Melvin Clayman v. Goodman Properties, IncCourt of Appeals for the D.C. Circuit · 1974
- In re the Arbitration between Amica Mutual Insurance & JonesAppellate Division of the Supreme Court of the State of New York · 1981
- Greenleaf v. Safeway Trails, Inc.Court of Appeals for the Second Circuit · 1944
- Newburger v. American Surety Co.New York Court of Appeals · 1926
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