Sanders v. Barnaby
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Thomas Sanders, Jr., 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 29th day of December, 1914, vacating an attachment herein, and also from an order entered in said clerk’s office on the 14th day of January, 1915, resettling the prior order.
1Opinion of the Court
Scott, J.:
The principal ground upon which the attachment herein has been attacked is that the complaint fails to state a cause of action.
The action is upon an agreement signed by defendant in which he agreed to “subscribe and pay for” stock in the corporation hereinafter referred to. The agreement was made between Thomas Sanders, Jr., and William Wilson, Jr., as parties of the first part, and defendant, as party of the second part. It recited that the parties of the first part had acquired the sole selling and distributing rights, in a number of specified States, for a certain patented…
2Cases cited3 opinions
- Avon Springs Sanitarium Co. v. WeedAppellate Division of the Supreme Court of the State of New York · 1907
- Yonkers Gazette Co. v. TaylorAppellate Division of the Supreme Court of the State of New York · 1898
- In Re the Estate of SandrockNew York Court of Appeals · 1907
3Cited by5 opinions
- Bob McBrayer v. Teckla, Inc., Water Wagon, Inc.Court of Appeals for the Fifth Circuit · 1974
- Merchants Bank of Canada v. SimsWashington Supreme Court · 1922
- Harlie R. Norris Co., Ltd. v. LovettCalifornia Court of Appeal · 1932
- Sanders v. BarnabyAppellate Division of the Supreme Court of the State of New York · 1916
- Positype Corporation of America v. FlowersCourt of Appeals for the Seventh Circuit · 1929