Legal Opinion

Heller v. Pope

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

Decided July 11, 1918PublishedCited by 1 opinion

Appeal by the defendants, Charles E. Pope and another, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 14th day of February, 1918, denying their motion for judgment on the pleadings consisting of an amended complaint and the answer thereto.

1Opinion of the Court

Smith, J.:

The complaint alleges that the defendants were copartners; that upon the 27th of April, 1917, plaintiff entered into an agreement with the Tuscon Arizona Copper Company, whereby said copper company agreed to sell the plaintiff 270,000 shares of the treasury stock of said company at the rate of thirty cents per share for 200,000 shares of said stock, and at the rate of seventy cents per share for the remaining 70,000 shares, and further providing for a minimum payment by plaintiff to said copper company of $5,000 a month upon said purchase pr-ice. It is further alleged that upon the…

2Cited by1 opinion

  1. In re the Estate of HayesNew York Surrogate's Court · 1948

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