Legal Opinion

Bryant v. Shaw

Appellate Division of the Supreme Court of the State of New York

Decided February 13, 1920PublishedCited by 5 opinions

Appeal by the plaintiffs, Fred S. Bryant and another, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 20th day of May, 1919, granting respondent’s motion for judgment on the pleadings. The action was brought for partition and the respondent demurred on the ground that the complaint did not state facts sufficient to constitute a cause of action.

1Opinion of the Court

Putnam, J.:

This suit is based upon the following instrument:

“ New York, March 6th, 1914.
“ I acknowledge the receipt from Emma Harris Bryant and Fred S. Bryant of 65 West 127th Street, City of New York and State of New York, the sum of One thousand dollars ($1000) as subscription in syndicate to be managed by undersigned, formed for the purpose of acquiring title from American Real Estate Company of premises on the East side of Bayley Avenue, Yonkers, N. Y., and erecting thereon an apartment dwelling house; the interest of each member of such syndicate and the improvement to be erected thereon…

2Cases cited3 opinions

  1. Hutchins v. . Van VechtenNew York Court of Appeals · 1893
  2. Stanley v. PayneNew York Supreme Court · 1909
  3. Side v. BrennemanAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by5 opinions

  1. Brainard v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1937
  2. In re the Judicial Settlement of the Intermediate Account of Proceedings of BrownNew York Surrogate's Court · 1927
  3. McGuire v. McGuireAppellate Division of the Supreme Court of the State of New York · 1922
  4. Alcoma Corp. v. AckermanNew York Supreme Court · 1960
  5. Bryant v. ShawAppellate Division of the Supreme Court of the State of New York · 1920

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