Bean v. . Flint
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 14, 1910, affirming a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated, in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 14, 1910, affirming a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated, in the opinion. The contract of sale and the assignment of stock were void because no stock transfer stamps were affixed to either as required by chapter 241 of the Laws of 1905. (People ex rel. v. Reardon, 184 N. Y. 431; People ex rel. v. Mensching, 187 N. Y. 8.) It was not necessary to set up in the answer the fact…
1Opinion of the CourtHiscock, J.
The questions presented on this appeal spring out of the failure of the respondent to comply with the Tax Law by paying the tax on a sale and transfer of stock as required by sections 270-278 of that law.
The facts which present these questions and which are material in their determination are as follows:
Respondent and appellant made a contract in writing whereby the former agreed to sell and deliver to the latter certain shares of stock, and the latter agreed to pay therefor the sum of $30,000 in installments. Subsequent to the execution of this agreement respondent executed a blank…
2Cases cited6 opinions
- Winter v. . City of Niagara FallsNew York Court of Appeals · 1907
- Wood Selick v. . BallNew York Court of Appeals · 1907
- Matthews v. . MatthewsNew York Court of Appeals · 1897
- Charles Roome Parmele Co. v. HaasNew York Court of Appeals · 1902
- Welsbach Company v. . Norwich Gas and Electric CompanyNew York Court of Appeals · 1905
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3Cited by35 opinions
- Waddle v. . CabanaNew York Court of Appeals · 1917
- In re the Appraisal of the Estate of BallAppellate Division of the Supreme Court of the State of New York · 1914
- Executive Service Corp. v. MossAppellate Division of the Supreme Court of the State of New York · 1939
- Phelps-Stokes Estates, Inc. v. NixonNew York Court of Appeals · 1917
- In re WyllyDistrict Court, E.D. New York · 1913
30 more not listed; retrieve them via the Exa API.