Legal Opinion

Clarke v. Gilmore

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

Decided March 8, 1912PublishedCited by 15 opinions

Appeal by the defendant, James R. Gilmore, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 3d day of October, 1911, upon the decision of the court rendered after a trial at the New York Special Term.

1Opinion of the Court

McLaughlin, J.:

On the 10th of July, 1899, the plaintiff and the defendants Bagley and Hildick [neé Wood), as trustees under the will of John A. Bagley, deceased, held 8,000 shares of the preferred stock of the Reno Oil Company, a Pennsylvania corporation. On that day they entered into a contract with the defendant Gilmore, which reads as follows:

“ Memorandum of Agreement made and entered into this 10th day of July, 1899, between James R. Gilmore, of the Borough of Manhattan, City of New York, N. Y., party of the first part, and Katharine C. Bagley, Stephen G. Clarke and Jessica T. Wood, as…

2Cases cited5 opinions

  1. Lightfoot v. . DavisNew York Court of Appeals · 1910
  2. Newton v. . PorterNew York Court of Appeals · 1877
  3. Melms v. Pabst Brewing Co.Wisconsin Supreme Court · 1896
  4. Price v. . HolmanNew York Court of Appeals · 1892
  5. Metropolitan Life Insurance v. Standard National BankAppellate Division of the Supreme Court of the State of New York · 1899

3Cited by15 opinions

  1. General Stencils, Inc. v. ChiappaNew York Court of Appeals · 1966
  2. Erbe v. Lincoln Rochester Trust Co.Appellate Division of the Supreme Court of the State of New York · 1961
  3. Tulloch v. HaseloAppellate Division of the Supreme Court of the State of New York · 1926
  4. Dodds v. McColganAppellate Division of the Supreme Court of the State of New York · 1930
  5. In re the Arbitration between Nationwide Mutual Insurance & HolbertNew York Supreme Court · 1962

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