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.
1Opinion of the Court
McLaughlin, J.:
This appeal is from a judgment entered on the report of a referee to whom the issues were sent to hear and determine, dismissing the complaint and from two orders, one of which denied a motion to amend the complaint and the other to send the report back to the' referee for further findings. ' - ^
The' facts are not complicated, and so far as material to the question presented are substantially as follows: In November, 1888, one John McNulta, the-original plaintiff in the action, entered into a contract under .seal with one Pardee .to sell and deliver'to him 800 shares of the…
2Cases cited8 opinions
- Briggs v. . PartridgeNew York Court of Appeals · 1876
- Blewitt v. . BoorumNew York Court of Appeals · 1894
- Schaefer v. . HenkelNew York Court of Appeals · 1878
- Henricus v. . EnglertNew York Court of Appeals · 1893
- Kiersted v. . O. and A.R.R. Co.New York Court of Appeals · 1877
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- In Re "Agent Orange" Product Liability LitigationDistrict Court, E.D. New York · 1984
- Stanton v. GrangerAppellate Division of the Supreme Court of the State of New York · 1908
- Campbell v. Poland Spring Co.Appellate Division of the Supreme Court of the State of New York · 1921
- Meyer v. Improved Property Holding Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Fairchild v. Scarsdale EstatesAppellate Division of the Supreme Court of the State of New York · 1915
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