Simon v. Etgen
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Henrietta Simon, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Nassau on the 7th day of December, 1911, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case on a trial at the Nassau Trial Term. •
1Opinion of the Court
Hirschberg, J. :
The action is at law to recover damages for the breach oían executory contract relating to the sale of real estate, the claim having been assigned to the plaintiff by Ferdinand H. Mela.
The defendants’ testator, William H. Burgess, wrote the following letter to his attorneys, Messrs. Rose & Putzel, on the day of its date:
*400“New York, July 15/1903.
‘' Messrs. • Rose & Putzel;
“ Gentlemen.— If you will procure a general release executed to me by Ferdinand H. Mela of any and every claim that he may allege that he has against me, I will agree to pay to you for his account whatever sum…
2Cases cited10 opinions
- Nunez v. DautelSupreme Court of the United States · 1874
- Industrial General Trust, Ltd. v. . TodNew York Court of Appeals · 1905
- Russell v. . AllertonNew York Court of Appeals · 1888
- Williston v. PerkinsCalifornia Supreme Court · 1876
- Black v. BachelderMassachusetts Supreme Judicial Court · 1876
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- In re Compel an Accounting in the Estate of VaretAppellate Division of the Supreme Court of the State of New York · 1918
- Marshall v. Sackett & Wilhelms Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Brede v. Rosedale Terrace Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Curtis v. OgdenMassachusetts Supreme Judicial Court · 1914
- In re Compel an Accounting in the Estate of VaretAppellate Division of the Supreme Court of the State of New York · 1918
1 more not listed; retrieve them via the Exa API.