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Bertini v. Murray

Court of Appeals of the State of New York
Apr 22, 1943
50 N.E.2d 98 (N.Y. 1943)

Summary

In Bertini v. Murray (290 N.Y. 754) the defendants, through an arrangement, withheld ice from peddlers in violation of section 340 Gen. Bus. of the General Business Law; the issue of damages was tried before an official referee who reported that plaintiffs kept no correct books, made no deductions for increased cost and their conclusions were necessarily nothing more than approximations; but he found damages in the sum of $6,900; and the Court of Appeals unanimously affirmed.

Summary of this case from Alexander's Dept. Stores, Inc., v. Ohrbach's, Inc.

Opinion

Argued March 8, 1943

Decided April 22, 1943

Appeal from the Supreme Court, Appellate Division, Second Department, VAN SICLEN, Official Referee, WILSON, J.

Frank A.F. Severance and Theodore J. Miller for Knickerbocker Ice Company and another, appellants.

Nathan Friedman, Irving J.W. Marx and Leslie Handler for Rubel Corporation, appellant.

Irving Lemov for plaintiffs and respondents.

Crawford W. Hawkins for John R. Murray et al., defendants.





Judgment affirmed, with costs; no opinion.

Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, LEWIS, CONWAY and DESMOND, JJ.


Summaries of

Bertini v. Murray

Court of Appeals of the State of New York
Apr 22, 1943
50 N.E.2d 98 (N.Y. 1943)

In Bertini v. Murray (290 N.Y. 754) the defendants, through an arrangement, withheld ice from peddlers in violation of section 340 Gen. Bus. of the General Business Law; the issue of damages was tried before an official referee who reported that plaintiffs kept no correct books, made no deductions for increased cost and their conclusions were necessarily nothing more than approximations; but he found damages in the sum of $6,900; and the Court of Appeals unanimously affirmed.

Summary of this case from Alexander's Dept. Stores, Inc., v. Ohrbach's, Inc.
Case details for

Bertini v. Murray

Case Details

Full title:NICHOLAS BERTINI et al., Respondents, v. JOHN R. MURRAY, Doing Business…

Court:Court of Appeals of the State of New York

Date published: Apr 22, 1943

Citations

50 N.E.2d 98 (N.Y. 1943)
50 N.E.2d 98

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