Hubbard v. Hubbard
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Elbert Hubbard, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 8th day of January, 1912, upon the decision of the court, rendered after a trial at the Erie Special Term, overruling the defendant’s demurrer to the complaint.
1Opinion of the Court
Kruse, J.:
The complaint to which the demurrer is interposed alleges in substance, that pursuant to an oral contract made between the parties to the action, the plaintiff conveyed to a corporation, at defendant’s request, her interest in certain property in exchange for certain shares of the stock of the corporation upon the agreement by the defendant that he would pay her twelve per centum annually upon the par value of the stock. She received the stock, but has not been paid the annual twelve per cent The action is brought to recover the same, and the question is whether the Statute of…
2Cases cited1 opinion
- Day v. . N.Y.C.R.R. Co.New York Court of Appeals · 1873
3Cited by4 opinions
- Rifkind v. Web IV Music, Inc.New York Supreme Court · 1971
- In re the Accounting of KennedyNew York Surrogate's Court · 1954
- Newkirk v. C. C. Bradley & Son, Inc.Appellate Division of the Supreme Court of the State of New York · 1947
- Rundle v. HaywardAppellate Division of the Supreme Court of the State of New York · 1939