Marks v. Cornwall Shipbuilding Co.

Appellate Terms of the Supreme Court of New York

Marks v. Cornwall Shipbuilding Co.

181 Misc. 7, 46 N.Y.S.2d 449, 1943 N.Y. Misc. LEXIS 2781

CourtAppellate Terms of the Supreme Court of New York

DecidedOctober 25, 1943

StatusPublished

This text of 181 Misc. 7 (Marks v. Cornwall Shipbuilding Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Marks v. Cornwall Shipbuilding Co., 181 Misc. 7, 46 N.Y.S.2d 449, 1943 N.Y. Misc. LEXIS 2781 (N.Y. Ct. App. 1943).

Pincite

Opinion

Memorándum

Per Curiam.

Judgment unanimously reversed on the facts and new trial granted, with costs to defendants to abide the event.

In the absence of any explanation by plaintiff of the written charge for a Smith moulder after the alleged agreement for substitution of an American moulder, the decision for plaintiff was against the weight of the evidence. Plaintiff’s contention that the City Court had no jurisdiction of the counterclaim is answered by section 18 of the New York City Court Act (L. 1926, ch. 539; amd. L. 1936, ch. 324).

MacCrate, McCooey and Steinbrink, JJ., concur.

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Memorándum

Per Curiam.

Judgment unanimously reversed on the facts and new trial granted, with costs to defendants to abide the event.

In the absence of any explanation by plaintiff of the written charge for a Smith moulder after the alleged agreement for substitution of an American moulder, the decision for plaintiff was against the weight of the evidence. Plaintiff’s contention that the City Court had no jurisdiction of the counterclaim is answered by section 18 of the New York City Court Act (L. 1926, ch. 539; amd. L. 1936, ch. 324).

MacCrate, McCooey and Steinbrink, JJ., concur.

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Bluebook (online)

181 Misc. 7, 46 N.Y.S.2d 449, 1943 N.Y. Misc. LEXIS 2781, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marks-v-cornwall-shipbuilding-co-nyappterm-1943.