Price v. Walker
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Ephraim A. Walker, from a judgment of the Supreme Court in favor of the plaintiff, entered in -the office Of the clerk of the county of Kings on the 18th day of October, 1909, upon an order made at'the Kings County Special Term and entered on the 27th day of August, 1909, overruling the defendant’s demurrer to the amended complaint, also from the said order upon which such judgment was entered, and also from an order entered in said clerk’s office on…
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Appeal by the defendant, Ephraim A. Walker, from a judgment of the Supreme Court in favor of the plaintiff, entered in -the office Of the clerk of the county of Kings on the 18th day of October, 1909, upon an order made at'the Kings County Special Term and entered on the 27th day of August, 1909, overruling the defendant’s demurrer to the amended complaint, also from the said order upon which such judgment was entered, and also from an order entered in said clerk’s office on the 15th day of September, 1909, denying the defendant’s motion for permission to answer.
1DissentWoodward, J.
The plaintiff brought an action to recover the- sum of $1,000 which she paid to the defendant for an assignment of his bid for the premises 978 Lorimer street, Brooklyn, and for the sum of $500 damages. All of the facts necessary to a good cause of action were concededly stated, except that the plaintiff alleged that “ on the 3d day of March, 1906, the defendant agreed in writing with the plaintiff that for and in consideration of the sum of $1,000 the defendant would assign to the plaintiff the terms of sale, his bid and his right to receive the said sheriff’s deed; that a copy of such…
2Cases cited1 opinion
- McNeil v. Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1909