Johnson v. Mulry
The Superior Court of New York City
This was an action for the price of certain stock agreed to •be bought by the defendant. The plaintiff, through Drake Brothers, brokers, agreed to sell on the 20th March, 1865, in the city of' New York, to the defendant, 400 shares of the stock of the Cumberland Coal Company, one half at one price, and the other at another, to be delivered. This contract was made in the street, and was between a clerk of Drake Brothers and the defendant.
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This was an action for the price of certain stock agreed to •be bought by the defendant. The plaintiff, through Drake Brothers, brokers, agreed to sell on the 20th March, 1865, in the city of' New York, to the defendant, 400 shares of the stock of the Cumberland Coal Company, one half at one price, and the other at another, to be delivered. This contract was made in the street, and was between a clerk of Drake Brothers and the defendant. The clerk entered it in a book ; the defendant said the entry was correct, but neither party signed it. The defendant, on the 21st March, wrote Saxton &…
1Opinion of the Court
By the Court,
Garvin, J.
It is claimed in this case by the defendant, that the contract sued upon is void, under the third section of 2 R. S. p. 140, which provides that every contract for the sale of any goods, chattels, or things in action for the price of fifty dollars or m'ore, shall be void, unless, 1. A note or memorandum of such contract, be made in *403writing, and be subscribed by the parties to be charged thereby; or, 2. Unless the buyer shall accept and receive part of such goods or the evidence, or some of them, of such things in action ; or, 3. Unless the buyer shall at the time pay…
2Cases cited3 opinions
- Brabin v. . HydeNew York Court of Appeals · 1865
- Tallman v. . FranklinNew York Court of Appeals · 1856
- Justice v. LangThe Superior Court of New York City · 1864