National Gum & Mica Co. v. MacCormack
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, the National Gum and Mica Company and another, from so much of an interlocutory judgment of the Supreme Court in favor of certain of the defendants, entered in the office of the clerk of the county of New York on the 10th day of October, 1907, upon the decision of the court, rendered after a trial at the New York Special Term, as overrules the plaintiffs’ amended demurrer to certain defenses and counterclaims contained in the separate second amended…
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Appeal by the plaintiffs, the National Gum and Mica Company and another, from so much of an interlocutory judgment of the Supreme Court in favor of certain of the defendants, entered in the office of the clerk of the county of New York on the 10th day of October, 1907, upon the decision of the court, rendered after a trial at the New York Special Term, as overrules the plaintiffs’ amended demurrer to certain defenses and counterclaims contained in the separate second amended answers of the Century Paint and Wall Paper Company and William A. MacCormack.
1Opinion of the Court
MoLaughlin, J.:
This appeal is from so much of an interlocutory judgment as overrules demurrers to certain defenses and counterclaims set forth in the separate answers of the Century Paint and Wall Paper Company and William A. MacCormack. The complaint alleges, in substance, that on or about the -2d day of November, 1904, the plaintiffs and the defendants entered, into an agreement, a copy of which is annexed to and made a part of the complaint. In the 1st paragraph of this agreement the plaintiffs agreed to sell to the individual defendants (parties of the second part) 300 shares (the entire…
2Cases cited9 opinions
- Born v. . SchrenkeisenNew York Court of Appeals · 1888
- Acer v. . HotchkissNew York Court of Appeals · 1884
- Douglas v. . CoonleyNew York Court of Appeals · 1898
- McCrea v. HopperAppellate Division of the Supreme Court of the State of New York · 1898
- Metropolitan Trust Co. v. Tonawanda Valley & Cuba RailroadNew York Supreme Court · 1887
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3Cited by4 opinions
- Susquehanna Steamship Co. v. A. O. Andersen & Co.New York Court of Appeals · 1925
- National Bank v. Erion-Haines Realty Co.Appellate Division of the Supreme Court of the State of New York · 1925
- L. W. Wentzel Implement Co. v. State Finance Co.North Dakota Supreme Court · 1954
- New York Trust Co. v. American Realty Co.Appellate Division of the Supreme Court of the State of New York · 1925