Contracts · MBE-tested
Auditorium Company, Appellant, v. Sam S. Shubert Booking Agency, Respondent
163 A.D. 974·New York Supreme Court, Appellate Division·1914·NY
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Opinion
First Department,
June, 1914.
Auditorium Company, Appellant, v. Sam S. Shubert Booking Agency, Respondent.
Appeal from an order of the Supreme Court, entered in the Hew York county clerk’s office on the 39th day of October, 1913, setting aside a verdict and ordering a new trial on the ground that the verdict was contrary to the evidence and to the weight of the evidence.
[MAJORITY — Per Curiam:]
Per Curiam:
We think there was a question of fact for the jury as to whether this contract was made in Hew York, which would give the court jurisdiction; and that question having been submitted to the jury, and the jury having decided it in favor of the plaintiff, the verdict .was sustained by the evidence. The order appealed from should, therefore, be reversed with costs, and the verdict reinstated. Present — Ingraham, P. J., McLaughlin, Scott, Dowling and Hotchkiss, JJ.; Scott and Dowling, JJ., dissented. Order reversed, with costs, and verdict reinstated. Order to be settled on notice.