Fennessy v. Ross
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Andrew L. Fennessy, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the cleric of the county of New York on the 10th day of March, 1896, upon the decision of the court, rendered after a trial at the New York Special Term, sustaining the defendant’s demurrer to the plaintiff’s amended complaint.
1Opinion of the Court
Patterson, J. :
This is an appeal from a judgment sustaining a demurrer to and dismissing an amended complaint. The action is brought upon a contract in writing by which the defendant agreed to purchase from the plaintiff certain shares of stock in three corporations named in the complaint. In addition to the amount of money to be paid for the shares the plaintiff stipulated with the defendant as part of the consideration, in substance, that the defendant should be made the manager and a principal officer in such corporations, and should receive for the first year a compensation of $1,500,…
2Cases cited2 opinions
- Guernsey v. CookMassachusetts Supreme Judicial Court · 1876
- Barnes v. . BrownNew York Court of Appeals · 1880
3Cited by12 opinions
- Essex Universal Corporation v. Herbert J. YatesCourt of Appeals for the Second Circuit · 1962
- Figge v. BergenthalWisconsin Supreme Court · 1907
- Hallenborg v. GreeneAppellate Division of the Supreme Court of the State of New York · 1901
- Flaherty v. CaryAppellate Division of the Supreme Court of the State of New York · 1901
- Bonta v. GridleyAppellate Division of the Supreme Court of the State of New York · 1902
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