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.