Seymour v. . Warren
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered August 1, 1903, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term 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 memorandum was sufficient under the Statute of Frauds.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered August 1, 1903, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term 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 memorandum was sufficient under the Statute of Frauds. (Mentz v. Newwitter, 122 N. Y. 491; Smith v. Clews, 114 N. Y. 190; Ward v. Hasbrouck, 169 N. Y. 407; Young v. Dake, 5 N. Y. 463; Union Bank v. Coster, 3 N. Y. 203;…
1Opinion of the CourtO’Brien, J.
This action was, in form, one for the breach of a contract made between the plaintiff and the defendants, and the relief sought was the recovery of damages for the breach. The business of the defendants was real estate agents and brokers, and at the time of the making of the note or memorandum hereafter referred to the plaintiff was the owner of the premises therein described, hut it seems had never been in the actual possession of the same.
On the 26th day of March, 1897, the defendants signed and addressed a letter to the plaintiff, which contained in the body thereof the following…
2Cases cited8 opinions
- Insurance Co. v. DutcherSupreme Court of the United States · 1877
- Woolsey v. . FunkeNew York Court of Appeals · 1890
- Union Bank v. . Coster's ExecutorsNew York Court of Appeals · 1850
- Nicoll v. . SandsNew York Court of Appeals · 1892
- Church v. . BrownNew York Court of Appeals · 1860
3 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Roger M. Gordon v. Vincent Youmans, Inc. And Miller Music CorporationCourt of Appeals for the Second Circuit · 1965
- Pittsfield & North Adams Railroad v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1927
- Papaioannou v. BritzAppellate Division of the Supreme Court of the State of New York · 1955
- Spiegel v. LowensteinAppellate Division of the Supreme Court of the State of New York · 1914
- Nelson v. Ohio Cultivator Co.Court of Appeals for the Sixth Circuit · 1911
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