Zimmermann v. . Timmermann
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered August 5, 1907, which reversed a judgment in favor of plaintiffs entered upon a decision of the court at a Trial Term without a jury and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. At the time when the plaintiffs demanded delivery the bonds were issued, and the contracts had matured.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered August 5, 1907, which reversed a judgment in favor of plaintiffs entered upon a decision of the court at a Trial Term without a jury and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. At the time when the plaintiffs demanded delivery the bonds were issued, and the contracts had matured. (Hirsch v. Jones, 191 N. Y. 195; Ryan v. Train, 95 App. Div. 71; Duryea v. Bonnell, 18 App. Div. 151; Maguire v. Halsted, 18 App. Div 228;…
1Opinion of the CourtWillard Bartlett, J.
In this action the plaintiffs, constituting the firm of Zimmermann and Forshay, bankers and brokers in the city of Flew York, seek to recover of the defendants, who are also bankers and brokers in the same city, under the firm name of Timmermann, Dahlgren & Co., damages for the breach of contracts in writing whereby the defendants agreed to sell, and the plaintiffs agreed to buy, certain bonds of a California corporation, known as the United Railroads of San Francisco.
The following is a copy of one of the contracts, the others being like it in form :
“ Yew York, March 17, 1902.
“ 100 Bonds at…
2Cases cited2 opinions
- Brownell v. . Town of GreenwichNew York Court of Appeals · 1889
- Coddington v. . GilbertNew York Court of Appeals · 1858
3Cited by7 opinions
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- Markowitz v. MayerAppellate Division of the Supreme Court of the State of New York · 1931
- O'Brien v. New York State Commissioner of EducationAppellate Division of the Supreme Court of the State of New York · 2013
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