Dorian Holding & Trading Corp. v. Brunswick Terminal & Railway Securities Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtSherman, J.
Damages are claimed by plaintiff arising from defendant’s refusal to perform an alleged agreement for the sale by it to plaintiff of shares of its capital stock theretofore unsubscribed for. Defendant’s answer pleads a general denial and, as a separate defense, the Statute of Frauds. Plaintiff was required by a court order to serve its bill of particulars setting forth the writing upon which it relies to defeat that defense. In compliance with this order plaintiff sets forth a letter written by it to defendant, wherein it agreed to purchase shares of defendant’s capital stock. That letter is…
2Cases cited5 opinions
- Wilson v. . Lewiston Mill Co.New York Court of Appeals · 1896
- Mesibov, Glinert & Levy v. Cohen Bros. Manufacturing Co.New York Court of Appeals · 1927
- Goldowitz v. Henry Kupfer & Co.Appellate Terms of the Supreme Court of New York · 1913
- Broom v. JoselsonAppellate Division of the Supreme Court of the State of New York · 1924
- Eugene L. Lezinsky Co. v. HoffmanAppellate Division of the Supreme Court of the State of New York · 1920
3Cited by8 opinions
- Marks v. Walter G. McCarty Corp.California Supreme Court · 1949
- Estate of StephensCalifornia Supreme Court · 2002
- Scheck v. FrancisAppellate Division of the Supreme Court of the State of New York · 1969
- Buschman v. Diamond Shamrock Corp.Appellate Division of the Supreme Court of the State of New York · 1970
- Morris Cohon & Co. v. RussellAppellate Division of the Supreme Court of the State of New York · 1968
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