Coe v. . Tough
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made June 30, 1886, which affirmed a judgment in favor of the defendant, entered upon a verdict. This action was replevin, brought to recover the possession of personal property, to which the plaintiff claims to have taken tide, by purchase from the defendant, by virtue of the following written memoranda, to wit: “ Hudson, 1ST. Y., Feb. 18th, 1885. “Mb.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made June 30, 1886, which affirmed a judgment in favor of the defendant, entered upon a verdict. This action was replevin, brought to recover the possession of personal property, to which the plaintiff claims to have taken tide, by purchase from the defendant, by virtue of the following written memoranda, to wit: “ Hudson, 1ST. Y., Feb. 18th, 1885. “Mb. E. Frank Coe Bought of William Tough. 22 Thomas horse rakes, $21.................. $462 00 2 Thomas hay tedders,…
1Opinion of the CourtBradley, J.
The first question presented is whether there was a valid contract made for the sale of the property by the defendant to plaintiff, and if so, the further question will arise, whether it was an executed one, so as to pass the title to the plaintiff, or was executory merely. As no part of the property was delivered to or received by the plaintiff, and none of the purchase-money paid, as required by the statute of frauds, the sale was void unless a note or memorandum of the contract was made in writing and subscribed by the defendant. (2 R. S. 136, § 3.) The form of the memorandum, as drawn,…
2Cases cited14 opinions
- Chicago & Great Eastern Railway Co. v. DaneNew York Court of Appeals · 1870
- Wright v. . WeeksNew York Court of Appeals · 1862
- Terry v. . WheelerNew York Court of Appeals · 1862
- In re Trustees of the First Baptist Church v. BigelowNew York Supreme Court · 1836
- James v. . PattenNew York Court of Appeals · 1851
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3Cited by19 opinions
- Crabtree v. Elizabeth Arden Sales Corp.New York Court of Appeals · 1953
- Marks v. . CowdinNew York Court of Appeals · 1919
- Barney v. . ForbesNew York Court of Appeals · 1890
- Ideal Structures Corporation v. Levine Huntsville Development CorporationCourt of Appeals for the Fifth Circuit · 1968
- Waxelbaum v. SchlossAppellate Division of the Supreme Court of the State of New York · 1909
14 more not listed; retrieve them via the Exa API.