Richards v. Ernst Wiener Co.
New York Court of Appeals
Appeal from, a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 5, 1911, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from, a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 5, 1911, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The contract in question provided for the doing of an illegal act by the defendant company and was, therefore, void, and the illegality being apparent upon the face of the contract, the complaint of the plaintiff, of which it is a part, should have been dismissed. (Matter of Walker & Hocking, 57 L. T. [N. S.] 763;…
1Opinion of the CourtHaight, J.
This action was brought to recover the sum of $3,000 and interest thereon, claimed to be due from the defendant under a written contract, which is as follows:
“New York, October 24, 1908.
“Mr. J. N. Richards,
“ New York City:
“Dear Sir.— We beg to confirm our agreement with you as follows:
“ (1) You subscribe for 100 shares of our 6% preferred stock of a par value of $100.00 at the price of $10,000 and you agree to pay not less than $3,000.00 immediately ($1,000.00 at the time of signing this contract, $2,000.00 on or before November 10th, 1908), not less than $5,000.00 within 6 months after date…
2Cited by39 opinions
- In re Fechheimer Fisher Co.Court of Appeals for the Second Circuit · 1914
- Topken, Loring & Schwartz, Inc. v. SchwartzNew York Court of Appeals · 1928
- Smyth Bros.-McCleary-McClellan Co. v. BeresfordSupreme Court of Virginia · 1920
- Mountain State Steel Foundries, Inc., and v. Commissioner of Internal Revenue, AndCourt of Appeals for the Fourth Circuit · 1960
- Cross v. BeguelinNew York Court of Appeals · 1929
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