Drucklieb v. Sam H. Harris, Inc.
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 7, 1913, which reversed an order of Special Term granting a motion for judgment in favor of defendants on the pleadings.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 7, 1913, which reversed an order of Special Term granting a motion for judgment in favor of defendants on the pleadings. The following question was certified: “Does the' complaint state facts sufficient to constitute a cause of action in favor of the plaintiff and against the defendants Sam H. Harris, Incorporated, Sam H. Harris and Cleveland A. Harris, or any one of them. ” The nature of the action and the facts, so far as material, are stated in the opinion.…
1Opinion of the Court
Cullen, Ch. J.
The defendant Sam H. Harris and the plaintiff entered into an agreement by which, after reciting that Harris had requested the plaintiff to invest the sum of $20,000 in the business then carried on by Harris, it was agreed that Harris should assign all the assets, property, trade marks and good will of his business to a corporation to be formed at the estimated value of $55,000, for which he was to receive 550 shares of the capital stock of the corporation, and the plaintiff was to pay to the corporation in cash the sum of $20,000, for which he was to receive 200 of said shares…
2Cases cited4 opinions
- Munson v. Syracuse, Geneva & Corning R. R. Co.New York Court of Appeals · 1886
- Lorillard v. . ClydeNew York Court of Appeals · 1881
- Schenectady and Saratoga Plank Road Co. v. . ThatcherNew York Court of Appeals · 1854
- Noble State Bank v. HaskellSupreme Court of the United States · 1911
3Cited by14 opinions
- Clark v. DodgeNew York Court of Appeals · 1936
- Holmes v. Saint Joseph Lead Co.New York Supreme Court · 1914
- Claude Neon Lights, Inc. v. Federal Electric Co.New York Supreme Court · 1929
- Ripley v. StorerNew York Supreme Court · 1955
- Steinbugler v. William C. Atwater & Co.Appellate Division of the Supreme Court of the State of New York · 1942
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