Spear v. Hart
The Superior Court of New York City
Appeal from a judgment entered upon the report of a referee. The action was to recover damages for a breach of contract to deliver 100 shares of the stock of the Chicago and Rock Island Railroad Company, deliverable, at seller’s option, in ten days. The contract was made March 28, 1865, and matured on the 7th of April, on which day the plaintiff demanded the stock of the defendant. The latter refused to deliver.
Read the full summary
Appeal from a judgment entered upon the report of a referee. The action was to recover damages for a breach of contract to deliver 100 shares of the stock of the Chicago and Rock Island Railroad Company, deliverable, at seller’s option, in ten days. The contract was made March 28, 1865, and matured on the 7th of April, on which day the plaintiff demanded the stock of the defendant. The latter refused to deliver. On the 23d of March, the railroad company declared a dividend of five per cent, payable on the 10th of April, and closed their transfer books on the 31st of March. A motion was made…
1Opinion of the Court
By the Court, Monell, J.
The motion for a nonsuit, "on the ground that the contract was void as being within the statute of frauds, was properly overruled»
*424The complaint alleged that “ on the 28th of Match, 1865, the plaintiff and defendant entered into an agreement, signed by the defendant, whereby," &c., and the answer admitted-that he (the defendant) signed and executed a contract for the sale, &c. as alleged in the complaint.” Under this allegation and admission, no further proof of a contract was necessary, and its Introduction on the trial was superogatory. It was -sufficiently admitted…
2Cases cited2 opinions
- Wheeler v. . NewbouldNew York Court of Appeals · 1857
- Bowen v. . NewellNew York Court of Appeals · 1853
3Cited by2 opinions
- Brundage v. BrundageNew York Supreme Court · 1873
- Currie v. WhiteThe Superior Court of New York City · 1869