Legal Opinion

Brown v. Utopia Land Co.

Appellate Division of the Supreme Court of the State of New York

Decided March 8, 1907No. 2PublishedCited by 3 opinions

Appeal by the plaintiff, Harry Brown, from a judgment of the Supreme Court in favor of the defendant, Utopia Land Company, entered in the office of the clerk of the county of Bew York on the 24th day of Bovember, 1906, upon the decision of the court, rendered after a trial "at the Bew York Special Term, as resettled, sustaining the said defendant’s demurrer to the complaint and dismissing the complaint upon the merits.

1Opinion of the Court

McLaughlin, J.:

The complaint in this action alleges, in substance, that the defendant corporation, was organized for the purpose of buying *365and selling real estate, and in pursuance thereof made certain purchases for which it paid or agreed to-pay upwards of $100,000, of which sum a little over $21,000 was contributed by the shareholders and the balance paid by taking the property subject to two mortgages ; that the value of the property purchased at the time of the commencement of this action was between $200,000 and $300,000 ; that the defendants, other than the corporation, knowing the…

2Cases cited2 opinions

  1. O'Connor v. . Virginia Passenger Power Co.New York Court of Appeals · 1906
  2. Groh v. FlammerAppellate Division of the Supreme Court of the State of New York · 1905

3Cited by3 opinions

  1. Godley v. Crandall & Godley Co.Appellate Division of the Supreme Court of the State of New York · 1917
  2. Bogert v. Southern Pac. Co.District Court, E.D. New York · 1914
  3. Witherbee v. BowlesAppellate Division of the Supreme Court of the State of New York · 1911

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