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Auditorium Co. v. Sam S. Shubert Booking Agency

148 N.Y.S. 1104 Court N.Y. App. Div. Decision date 1914-06-26 Docket No. 6013 English

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p. 1104
AUDITORIUM CO. v. SAM S. SHUBERT BOOKING AGENCY.
(No. 6013.)
(Supreme Court, Appellate Division, First Department.
June 26, 1914.)

Headnote

Appeal from Special Term, New York County. Action by the Auditorium Company against the Sam S. Shubert Booking Agency. From an order 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, plaintiff appeals. Reversed, and verdict reinstated.
Louis Sturcke, of New York City, for appellant.
William Klein, of New York City, for respondent.

We think there was a question of fact for the jury as to whether this contract was made in New 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.

SCOTT and DOWLING, JJ., dissent