139 N.Y.S. 195 | N.Y. App. Div. | 1913
The action was commenced to recover damages for a breach of a contract for the manufacture and sale of certain material called “ Sateens.” The case coming on for trial before a jury, it was agreed that a jury should be waived and that the case should be tried before the court without a jury. Subsequently the trial judge filed his decision in which he found that the plaintiff was a foreign stock corporation, organized and existing under the laws of the State of North Carolina, and was engaged in the operation of a cotton mill in that State; thatA.D. Juilliard & Co. were copartners, carrying on the business of commission mer
The other objections taken by the defendants to the plaintiff’s recovery have been examined, but we think the court below was right and no discussion is required.
It follows that the judgment appealed from should be affirmed, with costs.
McLaughlin, Laughlin, Miller . and Dowling, JJ., concurred.
Judgment affirmed, with costs.