Legal Opinion

Winch v. Farmers' Loan & Trust Co.

New York Court of Common Pleas

Decided April 15, 1895PublishedCited by 2 opinions

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.

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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

  1. Winch v. Farmers' Loan & Trust Co.New York Court of Common Pleas · 1895
  2. Cahill Iron Works v. PembertonNew York Court of Common Pleas · 1893

3Cited by2 opinions

  1. Columbia Graphophone Co. v. 330 West Ninety-Fifth Street Corp.District Court, S.D. New York · 1920
  2. Oppenheimer v. SeligmanAppellate Division of the Supreme Court of the State of New York · 1914

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