Winch v. Farmers' Loan & Trust Co.
New York Court of Common Pleas
Action by Charles F. Winch against the Farmers’ Loan & Trust Company, as executor of Benjamin F. Sherman, deceased, and Henry E. Fanshawe. Defendants demur to the complaint.. Thé complaint is as follows: The plaintiff, for an amended complaint, complaining of the defendants, alleges: First.
Read the full summary
Action by Charles F. Winch against the Farmers’ Loan & Trust Company, as executor of Benjamin F. Sherman, deceased, and Henry E. Fanshawe. Defendants demur to the complaint.. Thé complaint is as follows: The plaintiff, for an amended complaint, complaining of the defendants, alleges: First. That heretofore, at the city of New York, and on or about the 4th day of March, 1890, Benjamin F. Sherman and Henry E.- Fanshawe, for á valuable consideration, entered into an agreement, in writing, with the plaintiff, a copy of which is hereto annexed, and made a part of this complaint, wherein and…
1Opinion of the CourtBookstaver, J.
The complaint relies, distinctively and unmistakably, upon the written contract exhibited upon its face, and attempts to make out a cause of action by placing a certain interpretation upon that contract, which interpretation is not, in my opinion, warranted by the language used. The defendants’ agreement was “to give said Winch five bonds of a first mortgage of said gas works or said company.” The words “said gas works or said company” clearly refer to a gas company “to be formed in Brooklyn or for operation in Brooklyn,” or to “a company already formed” to be operated in Brooklyn. The last…
2Cases cited2 opinions
- Winch v. Farmers' Loan & Trust Co.New York Court of Common Pleas · 1895
- Cahill Iron Works v. PembertonNew York Court of Common Pleas · 1893
3Cited by2 opinions
- Columbia Graphophone Co. v. 330 West Ninety-Fifth Street Corp.District Court, S.D. New York · 1920
- Oppenheimer v. SeligmanAppellate Division of the Supreme Court of the State of New York · 1914