Oregon Pacific Railroad v. Forrest
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court'in the first judicial department, entered upon an order made Hay 23, 1890, which affirmed a judgment in favor of defendant, entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court'in the first judicial department, entered upon an order made Hay 23, 1890, which affirmed a judgment in favor of defendant, entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. On August thirteenth, Garrison had not complied with the terms of the contract, to purchase rails deliverable in San Francisco at as early a date as reasonably practicable, and on that day as he admitted, he had broken the contract. (Hedges v. H. R. R. R. Co., 49 N. Y. 223; Colt…
1Opinion of the CourtEarl, J.
This action was brought against the executors of Cornelius K. Garrison to recover the possession of one hundred first mortgage bonds issued by the plaintiff, of which it claims to be the owner and entitled to the immediate possession. It is alleged in the complaint that the plaintiff on or about the 1st day of October, 1887, duly demanded of the defendants the delivery to it of the bonds, and that the defendants had failed and refused to deliver the same, or any of them to it; and relief is prayed that the defendants may be adjudged to deliver to the plaintiff the bonds, or that it may have…
2Cases cited8 opinions
- White v. . HoytNew York Court of Appeals · 1878
- Schiffer v. . DietzNew York Court of Appeals · 1881
- Delacroix v. BulkleyNew York Supreme Court · 1834
- Manufacturing Co. v. BradleySupreme Court of the United States · 1882
- Lyon v. WaldoMichigan Supreme Court · 1877
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3Cited by3 opinions
- Kamenitsky v. CorcoranAppellate Division of the Supreme Court of the State of New York · 1917
- Abelman v. Indelli & Conforti Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Johnson v. Metropolitan Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 1939