Legal Opinion

Yerkes v. Salomon

New York Supreme Court

Decided July 15, 1877Published

Appeal from a judgment in favor of the plaintiffs, entered by direction of the justice at the Circuit. The defendant made and, for a valuable consideration, delivered to the plaintiffs three contracts. By the first he agreed that the bearer might deliver to him, at any time within sixty days, 500 shares of Lake Shore Railroad Company, at sixty-six per cent, on one day’s notice; the defendant to have all intervening dividends or extra dividends.

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Appeal from a judgment in favor of the plaintiffs, entered by direction of the justice at the Circuit. The defendant made and, for a valuable consideration, delivered to the plaintiffs three contracts. By the first he agreed that the bearer might deliver to him, at any time within sixty days, 500 shares of Lake Shore Railroad Company, at sixty-six per cent, on one day’s notice; the defendant to have all intervening dividends or extra dividends. By the second, he agreed that the bearer might, at any time within sixty days, call on him for 200 shares of the stock of the Pacific Mail Steamship…

1Opinion of the Court

Brady, J.:

The contracts were not assailable as in contravention of law because, the plaintiff assuming such to be the fact had not at the time they were made the certificate of stock in his possession. The act of 1858, chapter 184 so declares, and therefore the question asked one of the plaintiffs whether, at the date of the contracts, he had the stocks referred to, was properly excluded; and so the exclusion of a kindred question was correctly ruled upon. The plaintiff examined was, however, asked the following question: “ "Was it your intention at the time these contracts, or either of…

2Cases cited1 opinion

  1. Cooke v. . DavisNew York Court of Appeals · 1873

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