Legal Opinion

Jermyn v. Searing

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

Decided June 24, 1910PublishedCited by 13 opinions

Separate appeals by the defendants, Frederick F. Searing and others, copartners, etc., and the defendant, Empire Trust Company, from an order of the Supreme Court, made at the ¡New York Special Term and entered in the office of the clerk of the county of FTew York on the 25th day of March, 191Ó, granting the plaintiff’s motion for a discontinuance of the action on payment of a separate bill of costs to the defendant Empire Trust Company and the defendants Searing, George and…

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Separate appeals by the defendants, Frederick F. Searing and others, copartners, etc., and the defendant, Empire Trust Company, from an order of the Supreme Court, made at the ¡New York Special Term and entered in the office of the clerk of the county of FTew York on the 25th day of March, 191Ó, granting the plaintiff’s motion for a discontinuance of the action on payment of a separate bill of costs to the defendant Empire Trust Company and the defendants Searing, George and Phillips.

1Opinion of the Court

JLaughlin, J.:

This action, was commenced by service of the summons on the Empire Trust Company on the 12th day of January, 1909. It is a suit in equity for the cancellation of an agreement between the defendants composing .the firm of Searing & Co. and the plaintiff and others who became subscribers thereto. The date of the agreement is blank as to the month and day, but the year 1907 is filled in, and it was signed by the plaintiff in the month of February of' that year. The agreement' contemplated the formation of a corporation to be known as the Delaware and Eastern Railway Company, and…

2Cases cited5 opinions

  1. People v. . BootmanNew York Court of Appeals · 1904
  2. Kruger v. PersonsAppellate Division of the Supreme Court of the State of New York · 1900
  3. Wilder v. BoyntonNew York Supreme Court · 1872
  4. Kilmer v. Evening Herald Co.Appellate Division of the Supreme Court of the State of New York · 1902
  5. Geenia v. KeahNew York Supreme Court · 1873

3Cited by13 opinions

  1. Palmedo v. Walton Reporter Co.New York Supreme Court · 1918
  2. Broadway & Ninety-Fourth Street, Inc. v. C. & L. Lunch Co.City of New York Municipal Court · 1921
  3. Cohen v. Texas Co.District Court, E.D. New York · 1927
  4. Assets Collecting Co. v. MyersAppellate Division of the Supreme Court of the State of New York · 1915
  5. Chaffee v. RahrNew York Supreme Court · 1943

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