Ketchum v. Alexander
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John F. Alexander, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 17th day of March, 1915, overruling a demurrer to the amended complaint.
1Opinion of the Court
McLaughlin, J.:
Action to recover damages for the breach of three contracts to repurchase stock sold by defendant to plaintiff, each contract being set forth as a separate cause of action. The defendant demurred to each cause of action on the ground that it did not state facts sufficient to constitute a cause of action. The demurrer was overruled and defendant appeals from the order.
The complaint alleges, in substance, for a first cause of action — and the others are similar except as to dates and amount of stock— that on January 31, 1907, the plaintiff and defendant entered into an agreement…
2Cases cited2 opinions
- Delaware Trust Co. v. . CalmNew York Court of Appeals · 1909
- British Aluminium Co. v. TreftsAppellate Division of the Supreme Court of the State of New York · 1914
3Cited by3 opinions
- Harbison v. PropperNew York Supreme Court · 1920
- Marriott v. StateNew York Court of Claims · 1945
- Bisbee Linseed Co. v. Paragon Paint & Varnish Corp.Court of Appeals for the Second Circuit · 1933