White v. Schuyler
New York Supreme Court
Appeal from a judgment in favor of the plaintiff, rendered under the direction of Mr. Justice Miller, on a trial before him, without a jury, at the Albany Circuit, in May, 1864. The action was brought by John S. White against Thomas Schuyler, to compel the defendant to transfer to the plaintiff one hundred and eighty-two shares of the capital stock of “ Schuyler’s Line Steam Tow Boat Association,” and to pay him certain dividends received thereon, which the defendant claimed…
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Appeal from a judgment in favor of the plaintiff, rendered under the direction of Mr. Justice Miller, on a trial before him, without a jury, at the Albany Circuit, in May, 1864. The action was brought by John S. White against Thomas Schuyler, to compel the defendant to transfer to the plaintiff one hundred and eighty-two shares of the capital stock of “ Schuyler’s Line Steam Tow Boat Association,” and to pay him certain dividends received thereon, which the defendant claimed to hold as his own property, by virtue of a contract dated June 2d, 1862. The judgment was for a specific performance…
1Opinion of the Court
By the Court.*—Hogeboom, J.
No other objections to the enforcement of the specific performance of this contract are made, than the want of mutuality, and the failure on the pai;t of the plaintiff to perform offer to perform, within* the stipulated time. Sections 729, 736 of Story’s Equity Jurisprudence, vol. 2,^ are cited in support of the proposition as to want of mutuality, but I do not see that they are directly applicable. On the contrary, the same author, at section 736, a. states as follows,—“But it is not necessary to the specific performance of a written agreement that it should be…
2Cases cited5 opinions
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Seymour v. DelanceyNew York Court of Chancery · 1822
- Clason v. BaileyCourt for the Trial of Impeachments and Correction of Errors · 1817
- Seymour v. DelancyNew York Supreme Court · 1824
- In re HunterNew York Court of Chancery · 1831
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- Turley v. ThomasNevada Supreme Court · 1909
- Manton v. RaySupreme Court of Rhode Island · 1894
- New York Life Insurance & Trust Co. v. Rector, Church Wardens & Vestrymen of St. George's ChurchNew York Supreme Court · 1883
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