Johnson v. . Brooks
New York Court of Appeals
Appeal from judgment of the General term of the Superior Court of the city of Hew York, entered upon an order made March. 1, 1880, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. (Reported below, 14 J. & S. 13.) This action was brought to compel the performance of an alleged oral contract between plaintiff and defendants Brooks & Mefflin. The material facts are stated in the opinion.
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Appeal from judgment of the General term of the Superior Court of the city of Hew York, entered upon an order made March. 1, 1880, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. (Reported below, 14 J. & S. 13.) This action was brought to compel the performance of an alleged oral contract between plaintiff and defendants Brooks & Mefflin. The material facts are stated in the opinion. The court erred in decreeing specific performance on the finding “ that the said stock 'is not easily purchased in the open market, and that a…
1Opinion of the CourtDanforth, J.
The action was in equity, and the judgment requires the defendants Brooks, Mifflin and the American Exchange Bank to transfer to the plaintiff certain shares of the capj tal stock and bonds to the par value of $1,500 of Silver Islet Consolidated Mining and Lands Company. From this judgment Brooks alone appealed to the General Term of the Superior Court, and is the sole appellant here. The trial court found that at the commencement of the suit a sufficient quantity of such stock and bonds was held by the bank, and Mifflin was ready to deliver them to the plaintiff, but Brooks refused. In his…
2Cases cited3 opinions
- Cushman v. Thayer Manufacturing Jewelry Co.New York Court of Appeals · 1879
- Miller v. . LeviNew York Court of Appeals · 1871
- Cowles v. WhitmanSupreme Court of Connecticut · 1834
3Cited by40 opinions
- Williams v. . MontgomeryNew York Court of Appeals · 1896
- Matter of Petition of Argus Co.New York Court of Appeals · 1893
- General Securities Corporation v. WeltonSupreme Court of Alabama · 1931
- Hagan v. Continental National BankSupreme Court of Missouri · 1904
- Judson v. BuckleyCourt of Appeals for the Second Circuit · 1942
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