Marston v. . Gould
New York Court of Appeals
Appeal from judgment of the General Term of the court of Common Pleas for the city and county of New York, affirming a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the facts sufficiently appear in the opinion. The referee erred in awarding damages instead of directing a sale of the stock.
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Appeal from judgment of the General Term of the court of Common Pleas for the city and county of New York, affirming a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the facts sufficiently appear in the opinion. The referee erred in awarding damages instead of directing a sale of the stock. (Cary v. Williams, 1 Duer, 667; Azel v. Betz, 2 E. D. Smith, 188; Sadler v. Lee, 6 Beav., 324; Watts v. Girdlestone, id., 188; Duffy v. Duncan, 32 Barb., 587; Hart v. Ten Eyck, 2 J. Ch., 62, 117; Bailey v. Ryder, 10 N. Y., 363, 370; Saltus v. Genin, 3…
1Opinion of the CourtAllen, J.
This action grows out of a joint adventure undertaken by the parties in 1871, in the purchase and sale of shares of the capital stock of the Erie railway company, in which the funds for the purchase were to be provided by the defendant, who was to bear the loss, if a loss should ensue, and in which any profit that might accrue was to be divided in the ratio of four-fifths to the defendant and one-fifth to the plaintiff.
The referee finds that the purchases and sales were to be “manipulated” by the plaintiff, but does not define that term or find in what sense it was used by the parties, or…
2Cases cited3 opinions
- Pollen v. . Le RoyNew York Court of Appeals · 1864
- Case & wife v. AbeelNew York Court of Chancery · 1829
- Horton v. . MorganNew York Court of Appeals · 1859
3Cited by76 opinions
- Marvin v. . BrooksNew York Court of Appeals · 1883
- Yonofsky v. WernickDistrict Court, S.D. New York · 1973
- Corr v. HoffmanNew York Court of Appeals · 1931
- Schantz v. . OakmanNew York Court of Appeals · 1900
- Saunders v. McDonoughSupreme Court of Alabama · 1914
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