Malcomson v. Monaton Realty, Investing Corp.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Monaton Realty Investing Corporation, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Nassau on the 21st.day of February, 1912, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 24th day of February, 1912, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hirschberg, J.:
The action is on contract to recover the purchase price paid for certain stock of the defendant under the terms of a guaranty agreement between the purchaser, plaintiff’s assignor, and the defendant, acting through its agent.
On July 3, 1911, Mabel A. Maxson, plaintiff’s assignor, a ■ young unmarried woman residing with her widowed mother and supporting herself by teaching music, was induced by C. McKay Smock to purchase seven shares of the defendant’s preferred stock for $1,050. Smock gave Miss Maxson a receipt written on defendant’s stationery and signed by him “0. McKay…
2Cases cited2 opinions
- Smith v. . RobsonNew York Court of Appeals · 1896
- Mollineaux v. ClappAppellate Division of the Supreme Court of the State of New York · 1904