Joseph v. Sulzberger
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Ferdinand Sulzberger, from a j.udgof the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Flew York on the 29th day of March, 1909, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 6tli day of April, 1909, as resettled by an order entered on the 19th day of April, 1909, denying the defendant’s motion for á new trial made upon the minutes.
1Opinion of the Court
Scott, J.:
This is an appeal hy defendant from a judgment for a substantial sum as damages for the refusal to deliver to plaintiff certain shares of the capita? stock of the Schwarzschild and Sulzberger Company pursuant to an oral contract alleged to have been entered into bet ween, the parties in 189.8. The complaint contains some allegations which would be pertinent to an action for conversion of the stock, but it was expressly stipulated upon, the trial that plaintiff sought, to recover damages for breach of a contract to deliver. . The Schwarzschild- and Sulzberger Company (hereinafter…
2Cases cited7 opinions
- Markham v. . JaudonNew York Court of Appeals · 1869
- Chicago & Great Eastern Railway Co. v. DaneNew York Court of Appeals · 1870
- Genet v. President of the Delaware & Hudson Canal Co.New York Court of Appeals · 1893
- Industrial General Trust, Ltd. v. . TodNew York Court of Appeals · 1905
- Parsons v. . SuttonNew York Court of Appeals · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Elsbach v. MulliganCalifornia Court of Appeal · 1943
- San Francisco Iron & Metal Co. v. American Milling & Industrial Co.California Court of Appeal · 1931
- Strobe v. Netherland Co.Appellate Division of the Supreme Court of the State of New York · 1935
- Hallgarten v. WolkensteinAppellate Division of the Supreme Court of the State of New York · 1923
- Harvey v. J. P. Morgan & Co.City of New York Municipal Court · 1937
6 more not listed; retrieve them via the Exa API.