Legal Opinion
McIntosh v. Miner
Appellate Division of the Supreme Court of the State of New York
Decided July 1, 1900PublishedCited by 4 opinions
Appeal by the plaintiff, Burr W. McIntosh, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 9tli day of February, 1900, upon the dismissal of the complaint at the close of the plaintiff’s case, by direction of the court after a trial before the court and a jury at the New York Trial Term.
1Opinion of the Court
McLaughlin, J. :
This action was brought to recover damages for the breach of the following contract:
“ Memorandum of agreement made and entered into this 1st day of February, 1896, by and between Henry C. Miner and J oseph Brooks, of the city of New York, party of the first part, and Burr McIntosh, of the same place, party of the second part, witnesseth : “ That the said parties, for and in consideration of the sum of one dollar in hand paid by each of the parties hereto to the other, the receipt whereof is hereby acknowledged, and for other valuable considerations agreed to and with each…
2Cases cited3 opinions
- Newhall v. . AppletonNew York Court of Appeals · 1889
- McIntosh v. MinerAppellate Division of the Supreme Court of the State of New York · 1899
- Hart v. ThompsonAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by4 opinions
- Yost v. Anchor Fire InsuranceSuperior Court of Pennsylvania · 1909
- Frye v. StateNew York Court of Claims · 1948
- Kuh v. British America Assurance Co.New York Supreme Court · 1908
- Bantelman v. StateNew York Court of Claims · 1961