Phenix National Bank v. Waterbury
Appellate Division of the Supreme Court of the State of New York
Motion by the defendants, James M. Waterbury and another, for. a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance upon the verdict of a jury in favor of the plaintiff, rendered by direction of-the court after a trial at the New York Trial Term in May, 1907.
1Opinion of the Court
Scott, J.:
Plaintiff had a verdict by direction, with exceptions ordered to be heard in the first instance at the Appellate Division.'
The complaint alleged that on or.about July 21, 1894, the plaintiff and defendants entered into an agreement in writing and under seal, whereby the defendants jointly and severally promised and agreed to purchase from plaintiff on May 1,1900, or on such eai'lier *455day as defendants might elect, 250 shares of the preferred capital stock of the Waterbury and Marshall Company, a corporation, and to pay therefor the sum of $25,000, with interest at six per cent per.…
2Cases cited4 opinions
- Bardes v. Hawarden BankSupreme Court of the United States · 1900
- Ames v. MoirSupreme Court of the United States · 1891
- Hutchinson v. DeeCourt of Appeals for the First Circuit · 1901
- Witthaus v. ZimmermannAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by5 opinions
- Whitwell v. WrightAppellate Division of the Supreme Court of the State of New York · 1910
- Roberts v. BomashCalifornia Court of Appeal · 1936
- In re EadsDistrict Court, W.D. Washington · 1926
- Perry v. SturdevantNew York Supreme Court · 1926
- Wood v. FiskAppellate Division of the Supreme Court of the State of New York · 1913