Smith v. Seattle, Lake Shore & Eastern Railway Co.
New York Supreme Court
Appeal from circuit court, Hew York county. Action by Charles Smith, Jr., and William Pitt Bobinson against the Seattle, Lake Shore & Eastern Railway Company. From a judgment dismissing the complaint entered on a nonsuit granted at the close of plaintiffs’ case, plaintiffs appeal.
1Opinion of the CourtFollett, J.
This action was brought to recover $150,000 damages, with interest from December 3, 1887, for the refusal of the defendant to deliver to the plaintiffs 150 of its first mortgage 6 per cent, gold bonds, of the par value of $1,000 each, alleged to have become due to the plaintiffs for services rendered in procuring a construction contract for defendant. Two defenses were interposed: (1) That the plaintiffs did not procure a construction contract to be entered into; and (2) that defendant’s agent, who negotiated and executed the contract under which the plaintiffs claim, was given an interest…
2Cases cited5 opinions
- Twin-Lick Oil Co. v. MarburySupreme Court of the United States · 1876
- Wardell v. Railroad Co.Supreme Court of the United States · 1881
- Conkey v. . BondNew York Court of Appeals · 1867
- Conkey v. BondNew York Supreme Court · 1861
- Risley v. Indianapolis, Bloomington & Western RailroadNew York Court of Appeals · 1875
3Cited by7 opinions
- Sirkin v. Fourteenth Street StoreAppellate Division of the Supreme Court of the State of New York · 1908
- De Crette v. MohlerCourt of Appeals of Maryland · 1925
- Carr v. National Bank & Loan Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Folsom v. HesseAppellate Terms of the Supreme Court of New York · 1898
- Kinney v. LismanAppellate Division of the Supreme Court of the State of New York · 1934
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