Woods Motor Vehicle Co. v. . Brady
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 16, 1904, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. There is a fatal variance between plaintiff’s allegations and its proofs.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 16, 1904, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. There is a fatal variance between plaintiff’s allegations and its proofs. (Hawley v. Upton, 102 U. S. 314.) Plaintiff failed in proof essential to make out a cause of action. (Hawley v. Upton, 102 U. S. 314.) The subscription agreement is without consideration in its…
1Opinion of the CourtVann, J.
It was alleged in the complaint “ that prior to and in contemplation of” the incorporation of the plaintiff, and about the 16th of January, 1900, the defendant signed and delivered a written agreement whereby for a valuable consideration he promised to take fifty shares of the preferred capital stock of the plaintiff, and to pay therefor the sum of $5,000, or at the rate of $100 per share, whenever payment should be called for by the board of directors. The defendant, by a substantial denial of knowledge or information sufficient to form a belief, put at issue these allegations and thereby…
2Cases cited8 opinions
- Snook v. Georgia Improvement Co.Supreme Court of Georgia · 1889
- Kenosha, Rockford & Rock Island Railroad v. MarshWisconsin Supreme Court · 1863
- Lake Ontario Shore R.R. Co. v. . CurtissNew York Court of Appeals · 1880
- Dorris v. . SweeneyNew York Court of Appeals · 1875
- Greenbrier Industrial Exposition v. RodesWest Virginia Supreme Court · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Teele v. Rockport Granite Co.Massachusetts Supreme Judicial Court · 1916
- Avon Springs Sanitarium Co. v. WeedAppellate Division of the Supreme Court of the State of New York · 1907
- New Nueces Hotel Co. v. Weil Bros.Court of Appeals of Texas · 1922
- Anderson v. EnglishAppellate Division of the Supreme Court of the State of New York · 1905
- Ginter v. BlainOhio Court of Appeals · 1913
1 more not listed; retrieve them via the Exa API.