Tompkins v. . Sheehan
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered September 29, 1896, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff was erroneously permitted to show the negotiations and terms of the prior contracts in February and April.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered September 29, 1896, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff was erroneously permitted to show the negotiations and terms of the prior contracts in February and April. (1 Greenl. on Ev. §§ 51, 52, 448; Carter v. Pryke, Peake’s Cas. 95; Hollingham v. Head, 4 C. B. [N. S.] 388; Best’s Principles of Evidence, §…
1Opinion of the CourtGray, J.
The plaintiff has sought by this action to recover of the defendant the purchase price of 200 shares of the capital stock of the Congress Springs Company; which, in his complaint, he alleges to have been included in a sale of 1,985 shares to the defendant, as effected for the several owners through the agency of one of their number. It is therein, further, averred that the agreement with respect to the sale of the 1,985 shares was that it should be conditioned upon the defendant’s purchasing, and paying for, the whole thereof ■ at the price fixed, and that, in pursuance of the agreement,…
2Cited by8 opinions
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- Libaire v. FeinsteinCity of New York Municipal Court · 1928
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