Legal Opinion

White v. Walsh

New York Supreme Court

Decided February 15, 1909PublishedCited by 5 opinions

Demuebeb to plaintiffs’ complaint, on the ground that same does not state facts sufficient to constitute a cause of action.

1Opinion of the CourtPound, J.

This is an action against the defendant to recover back the sum of $200, paid by plaintiffs under protest as a recording tax on a written agreement for the sale of real estate situate in ¡Miagara county, tendered by them for record in ¡Miagara county clerk’s office.

The material parts of the agreement in question read as follows:

“And Whebeas the parties of the second part are desirous of leasing and purchasing said real estate, and
“ Whebeas the parties of the first part are willing to lease and sell said real estate to the parties of the second part;
“Now, Therefore, the parties hereto in…

2Cases cited1 opinion

  1. Mooney v. . ByrneNew York Court of Appeals · 1900

3Cited by5 opinions

  1. South Spring Ranch & Cattle Co. v. State Board of EqualizationNew Mexico Supreme Court · 1914
  2. Rogers v. GravesAppellate Division of the Supreme Court of the State of New York · 1938
  3. Matter of Rogers v. GravesNew York Court of Appeals · 1939
  4. McComb v. DuttonSuperior Court of Delaware · 1923
  5. Drobner v. ChapmanAppellate Division of the Supreme Court of the State of New York · 1949

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