Ming v. . Corbin
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 17, 1893, which affirmed a judgment in favor of plaintiffs entered upon a verdict, and also affirmed an order denying a motion for a new trial. This action was brought to recover a balance claimed to be due on a sale of certain bonds by plaintiffs to defendant. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 17, 1893, which affirmed a judgment in favor of plaintiffs entered upon a verdict, and also affirmed an order denying a motion for a new trial. This action was brought to recover a balance claimed to be due on a sale of certain bonds by plaintiffs to defendant. The facts, so far as material, are stated in the opinion. The contract of purchase was entire. Defendant purchased the two classes of securities, and' before plaintiffs can recover they must show performance…
1Opinion of the CourtO’Brien, J.
This action, commenced in 1878, is founded upon a business transaction between the parties in 1872. The litigation has been in progress ever since with varying results at the Circuit and the General Term, and this appeal requires us to review a judgment in favor of the plaintiffs recovered on the third trial. The general contention of each party upon the argument in this court is simple enough, but it involves the consideration of numerous facts and some questions of law, or, perhaps, mixed questions of law and fact, not entirely free from difficulty. The verdict for the plaintiffs was for a…
2Cases cited1 opinion
- Tipton v. . FeitnerNew York Court of Appeals · 1859
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- Portfolio v. . RubinNew York Court of Appeals · 1922
- Clark v. WestAppellate Division of the Supreme Court of the State of New York · 1910
- Mathias v. JacobsDistrict Court, S.D. New York · 2002
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