Williams v. . Montgomery
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made November 13, 1893, which affirmed a judgment entered upon a decision of the court at Special Term dismissing the complaint, with separate bills of costs to each of the defendants Lande and Powell.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made November 13, 1893, which affirmed a judgment entered upon a decision of the court at Special Term dismissing the complaint, with separate bills of costs to each of the defendants Lande and Powell. It is alleged in the complaint that prior to November 2nd, 1892, the plaintiff was jointly interested with the defendants, Montgomery, Lande and Powell, in certain letters patent for a railway brake that had been transferred by one Guernsey, the patentee, to a corporation known…
1Opinion of the CourtVann, J.
The respondents object to the consideration of this appeal upon the merits, because, as they claim, the questions involved have become abstract in their nature owing to' the lapse of time. This position is based upon the fact that the period of six months, which is the utmost limit placed by the covenant of the parties upon the right to sell individual stock, had expired before the action was tried, and hence, it is argued, a new trial can afford no practical relief to the plaintiff because the contract cannot now be enforced nor the defendants restrained from disposing of their stock. If…
2Cases cited13 opinions
- Robert v. . CorningNew York Court of Appeals · 1882
- Hodge v. . SloanNew York Court of Appeals · 1887
- Palmer v. . FoleyNew York Court of Appeals · 1877
- Gott v. CookNew York Court of Chancery · 1839
- Norris v. . BeyeaNew York Court of Appeals · 1855
8 more not listed; retrieve them via the Exa API.
3Cited by60 opinions
- Ruzicka v. RagerNew York Court of Appeals · 1953
- J. A. Preston Corp. v. Fabrication Enterprises, Inc.New York Court of Appeals · 1986
- Smith v. San Francisco & North Pacific Railway Co.California Supreme Court · 1897
- Becker v. ChesterWisconsin Supreme Court · 1902
- Buffalo Seminary v. McCarthyAppellate Division of the Supreme Court of the State of New York · 1982
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