Babbitt v. . Gibbs
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 March 22, 1894, which afíirmed a judgment in favor of defendant entered upon the report of a referee dismissing the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
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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 March 22, 1894, which afíirmed a judgment in favor of defendant entered upon the report of a referee dismissing the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The judgment is supported by findings of fact, resting on sufficient evidence, which have been sustained at General Term and cannot be reviewed further. (E. B. Co. v. Vil. of Haverstraw, 142 N. Y. 146 ; Crim v. Starkweather, 136 N. Y. 635 ; Keasbey v. B. C.…
1Opinion of the CourtO’Brien, J.
The plaintiff sought to compel the specific performance by the defendant of a contract for the delivery of certain railroad stock and bonds which the plaintiff was to receive for his services as an attorney at law. The learned referee held that the action would not lie, dismissed the complaint, and the judgment entered on his decision has been affirmed at the General Term.
In order to understand the real nature and merits of the controversy, it is necessary to get a clear view of the purpose and mutual obligations of two written agreements which are at the foundation of the plaintiff’s claim.…
2Cases cited1 opinion
- Lorillard v. . ClydeNew York Court of Appeals · 1894
3Cited by5 opinions
- Stagg v. Spray Water Power & Land Co.Supreme Court of North Carolina · 1916
- Columbus Trust Co. v. MoshierNew York Supreme Court · 1906
- Babbitt v. GibbsAppellate Division of the Supreme Court of the State of New York · 1900
- Babbitt v. GibbsAppellate Division of the Supreme Court of the State of New York · 1900
- Stagg v. Spray Water Power & Land Co.Supreme Court of North Carolina · 1916