Kornfeld v. David Stevenson Brewing Co.

Appellate Terms of the Supreme Court of New York

Kornfeld v. David Stevenson Brewing Co.

111 N.Y.S. 641

Appellate Terms of the Supreme Court of New York·Decided June 30, 1908·Published

Opinion

PER CURIAM.

In this action, before a jury, to recover an allowance alleged to be due on beer sold by defendant to plaintiffs, the trial justice dismissed the complaint improperly, because there was a material, even crucial, fact in dispute, viz., whether the promised allowance was or was not for the “license year” running from May, 1905, to May, 1906, and this should have been submitted. The judgment must therefore be reversed, and a new trial ordered.

Judgment reversed, and new trial ordered, with costs to appellants to abide the event.

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PER CURIAM.

In this action, before a jury, to recover an allowance alleged to be due on beer sold by defendant to plaintiffs, the trial justice dismissed the complaint improperly, because there was a material, even crucial, fact in dispute, viz., whether the promised allowance was or was not for the “license year” running from May, 1905, to May, 1906, and this should have been submitted. The judgment must therefore be reversed, and a new trial ordered.

Judgment reversed, and new trial ordered, with costs to appellants to abide the event.

Kornfeld v. David Stevenson Brewing Co., 111 N.Y.S. 641 (N.Y. Ct. App. 1908).

Pincite

111 N.Y.S. 641 (Kornfeld v. David Stevenson Brewing Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.