Legal Opinion

Harle v. Brennig

Appellate Division of the Supreme Court of the State of New York

Decided April 8, 1909PublishedCited by 10 opinions

Appeal by the defendant, James B. Haggin, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Hew York on the 20th day of January, 1909, upon the decision of the court, rendered after a trial at the Hew York Special Term, overruling the said defendant’s demurrer to the complaint.

1Opinion of the Court

Clarke, J.:

The complaint alleges that Haggin is and was largely interested in the Cerro De Pasco Investment Company, a Hew Jersey corporation, and a subscriber and owner of a large amount of its stock; that on the 28th of August, 1902, Haggin offered in writing to sell to defendant Benno F. Brennig at its cost to Haggin, plus six per cent interest up to the date of Brennig’s payment for the same, less the amount of- dividends declared and received by Haggin, so much of the stock of the Cerro Dei Pasco Investment Company as should cost Haggin $50,000, whether the price which Haggin paid for it…

2Cases cited8 opinions

  1. Marvin v. . BrooksNew York Court of Appeals · 1883
  2. Marston v. . GouldNew York Court of Appeals · 1877
  3. Moore v. CoyneAppellate Division of the Supreme Court of the State of New York · 1906
  4. Butler v. . WrightNew York Court of Appeals · 1906
  5. McCullough v. PenceNew York Supreme Court · 1895

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3Cited by10 opinions

  1. Bacon v. GrosseCalifornia Supreme Court · 1913
  2. Ellis v. TreatCourt of Appeals for the Ninth Circuit · 1916
  3. Irving Trust Co. v. DeutschDistrict Court, S.D. New York · 1932
  4. Ehrlich v. MillsAppellate Division of the Supreme Court of the State of New York · 1926
  5. Brinley v. NevinsAppellate Division of the Supreme Court of the State of New York · 1914

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