Sanders v. Wonderland Amusement Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Albert Sanders, as receiver, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 6th day of February, 1915, upon a dismissal of the complaint by direction of the court at the close of the case, both sides having moved for the direction of .a verdict.
1Dissent
Smith, J. (dissenting):
The complaint in this action alleged that the plaintiff Wonderland Amusement Company at the “special instance and request of the defendant ” issued and delivered 150 shares of its preferred stock to defendant, who “promised and agreed to *715pay therefor to the plaintiff the sum of Fifteen thousand Dollars.” The answer admits the issuance and delivery of the certificates but denies that this was at defendant’s request and denies that he promised to pay for it. There was also an affirmative defense setting up the agreement hereinafter described and alleging its cancellation.…
2Cases cited4 opinions
- Chubb v. UptonSupreme Court of the United States · 1877
- Avon Springs Sanitarium Co. v. KelloggAppellate Division of the Supreme Court of the State of New York · 1908
- Smith v. . KelloggNew York Court of Appeals · 1909
- Underwood v. New Netherland BankAppellate Terms of the Supreme Court of New York · 1914