Peck v. . Collins
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of defendant entered upon an order non-suiting plaintiff on trial, and affirming an order denying a motion for a new trial. This action is brought upon two contracts executed by defendant, the one dated June 11th, the other July 6th, 1868. The nature of the contracts and the facts appear sufficiently in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of defendant entered upon an order non-suiting plaintiff on trial, and affirming an order denying a motion for a new trial. This action is brought upon two contracts executed by defendant, the one dated June 11th, the other July 6th, 1868. The nature of the contracts and the facts appear sufficiently in the opinion. Defendant by the two original contracts of April 24 and April 28, 1866, purchased an interest in the patent as it then was, after application for re-issue…
1Opinion of the Court
Church, Ch. J.
By two contracts bearing date, respectively, April 24th and April 28th, 1866, the defendant agreed to purchase certain interests hi a patent right for sinking wells patented by one Mndge. By the first contract, one-fourth of the unsold territory and proceeds of territory sold were agreed to be purchased, and by the last an additional interest of three-thirty-second parts. The vendors in the first contract were the plaintiff’s intestate, Preston, Peck and Mndge, and in the.last the plaintiff’s intestate, and the vendors agreed to convey the interests sold by deed upon demand.…
2Cited by5 opinions
- Mansfield v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
- Marston v. . SwettNew York Court of Appeals · 1880
- Mansfield v. New York Central & Hudson River RailroadNew York Court of Appeals · 1886
- Hubel v. TuckerU.S. Circuit Court for the District of Southern New York · 1885
- McCabe v. CruikshankU.S. Circuit Court for the District of Southern New York · 1901