Wyllys Co. v. Nixon
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Lewis Nixon, from a 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 12th day of May, 1914, upon the decision of the court after a trial before the court, a jury having been waived, and also from an order entered in said clerk’s office on the 14th day of May, 1914, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
McLaughlin, J.:
The amended complaint alleges, in substance, that one H. J. Rogers deposited with the plaintiff certificates of preferred stock of the par value of $5,000, and certificates of common stock of the par value of $2,500, of the Steel Package Company, to secure the payment by him.to the plaintiff of $3,260.44; that on October 7, 1913, the defendant, with knowledge of the agreement between Rogers and the plaintiff relative to the stock, offered .in writing, in the event that Rogers did not redeem the stock by November 27, 1913, to purchase it from the plaintiff on or before such…
2Cases cited1 opinion
- Baker v. . DrakeNew York Court of Appeals · 1873
3Cited by3 opinions
- Dittenfass v. HorsleyAppellate Division of the Supreme Court of the State of New York · 1916
- Sheldon v. Argos Mercantile Corp.Appellate Division of the Supreme Court of the State of New York · 1920
- Steinhal v. CohnNew York Court of Appeals · 1965