Joffe v. Eber Bros. & Co.

Appellate Division of the Supreme Court of New York

Joffe v. Eber Bros. & Co.

248 A.D. 677

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 15, 1936

StatusPublished

This text of 248 A.D. 677 (Joffe v. Eber Bros. & Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Joffe v. Eber Bros. & Co., 248 A.D. 677 (N.Y. Ct. App. 1936).

Pincite

Opinion

Judgment and orders affirmed, with costs. Memorandum: We read the jury’s answers to special questions submitted by the trial court in this action as negativing the defendant’s claim that there was, by subsequent agreement, a payment, release, accord or novation in respect to the contract alleged in the complaint. The jury’s answers, however, do establish that the contract alleged in the complaint was modified and upon the trial any modification will be taken into consideration. All concur. (The judgment is for plaintiff upon separate trial of issue of release in an action to recover for services including a percentage of profits. One order denies motion for a new trial on the minutes; the other order denies motion for dismissal of the complaint.) Present — Sears, P. J., Taylor, Edgcomb, Thompson and Lewis, JJ.

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Judgment and orders affirmed, with costs. Memorandum: We read the jury’s answers to special questions submitted by the trial court in this action as negativing the defendant’s claim that there was, by subsequent agreement, a payment, release, accord or novation in respect to the contract alleged in the complaint. The jury’s answers, however, do establish that the contract alleged in the complaint was modified and upon the trial any modification will be taken into consideration. All concur. (The judgment is for plaintiff upon separate trial of issue of release in an action to recover for services including a percentage of profits. One order denies motion for a new trial on the minutes; the other order denies motion for dismissal of the complaint.) Present — Sears, P. J., Taylor, Edgcomb, Thompson and Lewis, JJ.

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Bluebook (online)

248 A.D. 677, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joffe-v-eber-bros-co-nyappdiv-1936.