Post v. . Thomas
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 26, 1912, affirming a judgment in favor of plaintiffs and against the defendant, appellant, entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant Thomas pleaded and proved a valid release.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 26, 1912, affirming a judgment in favor of plaintiffs and against the defendant, appellant, entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant Thomas pleaded and proved a valid release. (Simons v. American Legion of Honor, 178 N. Y. 263.) The claim against Thomas was not liquidated. The release was given for a good consideration. (Simons v. American Legion of Honor, 178 N. Y. 263; Sears…
1Opinion of the CourtChase, J.
In September, 1901, the three defendants and one other person entered into a pool to buy, sell and deal in the stock of the Keokuk and Des Moines Eailroad Company for the purpose of acquiring all or a large portion of the eleven thousand shares outstanding of the stock of said company other than that owned by the Eock Island Eailroad Company in the expectation that thereby the market price of said stock would be greatly advanced or that the Eock Island Eailroad Company, which held fourteen thousand shares of the stock of the said Keokuk and Des Moines Eailroad Company, would sell a sufficient…
2Cases cited5 opinions
- Nassoiy v. . TomlinsonNew York Court of Appeals · 1896
- Jaffray v. . DavisNew York Court of Appeals · 1891
- Simons v. Supreme Council American Legion of HonorNew York Court of Appeals · 1904
- Dekay v. . BlissNew York Court of Appeals · 1890
- Auerbach v. CurieAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by22 opinions
- Potter v. Pacific Coast Lumber Co.California Supreme Court · 1951
- Horn Waterproofing Corp. v. Bushwick Iron & Steel Co.New York Court of Appeals · 1985
- Schnell v. . PerlmonNew York Court of Appeals · 1924
- Atwood v. Prairie Village, Inc.Indiana Court of Appeals · 1980
- Franzek v. Calspan Corp.Appellate Division of the Supreme Court of the State of New York · 1980
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