Dunham v. Hastings Pavement Co.
Appellate Division of the Supreme Court of the State of New York
Action by Edward R. Dunham against the Hastings Pavement Company. There was a judgment for defendant, and plaintiff moves for a new trial on exceptions directed to be heard in the first instance at the appellate division. The action is based upon a contract in writing, by the terms of which the plaintiff was constituted the sole agent of the defendant in the city of New York for certain purposes, and upon conditions therein expressed.
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Action by Edward R. Dunham against the Hastings Pavement Company. There was a judgment for defendant, and plaintiff moves for a new trial on exceptions directed to be heard in the first instance at the appellate division. The action is based upon a contract in writing, by the terms of which the plaintiff was constituted the sole agent of the defendant in the city of New York for certain purposes, and upon conditions therein expressed. The action was tried before the court and a jury, and resulted in a dismissal of the complaint at the close of the plaintiff’s case on the ground that the…
1Opinion of the CourtHatch, J.
The answer which was served in this case did not plead as a defense that the contract was- illegal, or that the service to be performed thereunder was expected to be in violation of any law, or repugnant to any principle of public policy. It is insisted that the failure to plead that the contract was illegal and void, as being in contravention of good morals or a sound public policy, precluded the defendant from raising such question, and therefore did not furnish basis for the court so to rule. It is undoubtedly the rule that a contract is not necessarily void because the enforcement of…
2Cases cited15 opinions
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
- Armstrong v. TolerSupreme Court of the United States · 1826
- Marshall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1854
- Crane v. . PowellNew York Court of Appeals · 1893
- Sedgwick v. . StantonNew York Court of Appeals · 1856
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3Cited by2 opinions
- Le Tourneux v. GillissCalifornia Court of Appeal · 1905
- Burke v. WoodU.S. Circuit Court for the District of Southern Alabama · 1908