Legal Opinion

Goodman v. Purnell

Court of Appeals for the Second Circuit

Decided April 10, 1911No. 218PublishedCited by 11 opinions

In Error to the Circuit Court of the United States for the Southern District of New York. Action at law by J. Hurst Purnell and others against Patrick Goodman and Jeremiah J. Kennedy. Judgment for plaintiffs, and defendants bring error. This cause comes here upon a writ of error to review a judgment in favor of defendants in error, who were plaintiffs below.

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In Error to the Circuit Court of the United States for the Southern District of New York. Action at law by J. Hurst Purnell and others against Patrick Goodman and Jeremiah J. Kennedy. Judgment for plaintiffs, and defendants bring error. This cause comes here upon a writ of error to review a judgment in favor of defendants in error, who were plaintiffs below. The judgment was entered upon a verdict, which was directed by the trial judge at the close of the case; exception to such direction being duly reserved. The facts sufficiently appear in the opinion.

1Opinion of the Court

LACOMBE, Circuit Judge.

The action is brought upon a written contract between the parties, executed January 14, 1908. The plaintiffs, described therein as vendors, in consideration of $20,000 agreed to sell, assign, transfer, and deliver to defendants, described therein as vendees, “the entire capital stock outstanding, amounting to $35,-000 par value of the Empire Iron & Metal Company, a corporation incorporated under the laws of the state of New York.” They further agreed, in delivering the stock, to pay all debts now due by the said Empire Iron & Metal Company, to the end that the vendees…

2Cases cited1 opinion

  1. Railway Co. v. McCarthySupreme Court of the United States · 1878

3Cited by11 opinions

  1. Luckenbach S. S. Co. v. W. R. Grace & Co.Court of Appeals for the Fourth Circuit · 1920
  2. Second Nat. Bank of Allegheny v. Lash Corp.Court of Appeals for the Third Circuit · 1924
  3. Rand v. MorseCourt of Appeals for the Eighth Circuit · 1923
  4. White v. BottSupreme Court of Virginia · 1931
  5. Galle v. Hamburg Amerikanische Packetfahrt Actien GesellschaftCourt of Appeals for the Second Circuit · 1916

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