Rogers v. Wheeler
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Cornelia H. B. Rogers, from an interlocutory judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Kings on the 25th day of February, 1903, upon the decision of the court, rendered after a trial at the Kings County Special Term, sustaining the separate demurrers of the defendants to the plaintiff’s complaint.
1Opinion of the Court
Jenks, J.:
These are appeals from interlocutory judgments sustaining demurrers. In 1860 Mr. A. S. Wheeler and the predecessor of the plaintiff, Samuel T. Rogers, made a contract in writing to which there were two supplements. Mr. Wheeler was to invest the moneys of the plaintiff’s predecessor in realty sold for unpaid taxes, to do all of the business connected with purchases and management, and to pay semi-annually to the investor a proportion of the interest, retaining the balance thereof as his commissions and in consideration of his guaranty. The contract was made binding upon Mr. Wheeler’s…
2Cases cited9 opinions
- Marvin v. . BrooksNew York Court of Appeals · 1883
- The New-York and New Haven R.R. v. . Schuyler, Cross, C.New York Court of Appeals · 1858
- Wiles v. . SuydamNew York Court of Appeals · 1876
- Schantz v. . OakmanNew York Court of Appeals · 1900
- Fellows v. FellowsCourt for the Trial of Impeachments and Correction of Errors · 1825
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3Cited by6 opinions
- Felt City Townsite Co. v. Felt Investment Co.Utah Supreme Court · 1917
- Todaro v. Somerville Realty Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Lawrence v. NortonAppellate Division of the Supreme Court of the State of New York · 1907
- Ohio Match Sales Co. v. EverhardNew York Supreme Court · 1925
- McGratty v. Krantz Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1918
1 more not listed; retrieve them via the Exa API.