Spencer v. Huntington
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, George E. Spencer, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 7th day of March, 19Ó4,_upon the report of a referee dismissing the • plaintiff’s complaint ; also from an order entered in said clerk’s office on the 10th day of February, 1904, denying the plaintiff’s motion to amend the complaint, and also from an order entered in said- clerk’s office on ■the 10th…
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Appeal by the plaintiff, George E. Spencer, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 7th day of March, 19Ó4,_upon the report of a referee dismissing the • plaintiff’s complaint ; also from an order entered in said clerk’s office on the 10th day of February, 1904, denying the plaintiff’s motion to amend the complaint, and also from an order entered in said- clerk’s office on ■the 10th day of March, 1904, denying the plaintiff’s motion to recommit the referee’s report to the referee for further findings.
1ConcurrenceLaughlin, J.
I concur in the result upon the opinion of the referee.
The following is the opinion of William N. Cohen, Esq., Referee :
Cohen, Referee:
' On the 19th day of November, 1888, one McNulta entered into an agreement in writing and, under seal with one Pardee, whereby McNulta in consideration of the sum of thirty-two thousand 'five hundred dollars ($32,500), agreed to sell eight hundred (800) shares of stock of the San 'Francisco, Clear Lake and Humboldt Railroad *471Company, and two thousand (2,000) shares of stock of the Clear Lake Improvement Company.
The agreement acknowledged the receipt by McNulta…
2Cases cited5 opinions
- Briggs v. . PartridgeNew York Court of Appeals · 1876
- Blewitt v. . BoorumNew York Court of Appeals · 1894
- Stowell v. EldredWisconsin Supreme Court · 1876
- Love v. Sierra Nevada Lake Water & Mining Co.California Supreme Court · 1867
- Whitehouse v. DrislerAppellate Division of the Supreme Court of the State of New York · 1899