McCargo v. . Jergens
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 13, 1912, affirming a judgment in favor of plaintiff entered upon an order of Special Term granting a motion for judgment on the pleadings pursuant to the provisions of section 547 of the Code of Civil Procedure. The facts shown by the pleadings, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 13, 1912, affirming a judgment in favor of plaintiff entered upon an order of Special Term granting a motion for judgment on the pleadings pursuant to the provisions of section 547 of the Code of Civil Procedure. The facts shown by the pleadings, so far as material, are stated in the opinion. The decision upon the abandoned demurrer is not conclusive in this case as to the sufficiency of the complaint. (Brown v. Saratoga R. R. Co., 18 N. Y. 495; McCullough v. Pence, 85 Hun,…
1Opinion of the CourtChase, J.
On January 16, 1904, the parties entered into a written agreement by which the plaintiff agreed:
1. To transfer to defendants all his rights, interest and title in one share of stock of the Woodbury Dermatologk cal Institute of 27ew York, which said stock was at that time held by John H. Woodbury as trustee, said transfer to be subject to a trust agreement specified.
2. To release the Andrew Jergens Company from all contracts entered into prior to the daté of the agreement.
3. To release all claim to a contract wherein the Andrew Jergens Company agreed to pay plaintiff all dividends on twenty…
2Cases cited5 opinions
- Howard v. . DalyNew York Court of Appeals · 1875
- Wheelock v. . LeeNew York Court of Appeals · 1878
- Brown v. Saratoga RailroadNew York Court of Appeals · 1859
- McCullough v. PenceNew York Supreme Court · 1895
- McCargo v. JergensAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by16 opinions
- Ansorge v. KaneNew York Court of Appeals · 1927
- Viall v. Lionel Manufacturing Co.Supreme Court of Connecticut · 1916
- Chapman v. Potomac Chemical Co.Court of Appeals for the D.C. Circuit · 1947
- Moore v. Illinois Cent. R.Court of Appeals for the Fifth Circuit · 1943
- Montefalcone v. Banco Di Napoli Trust Co.Appellate Division of the Supreme Court of the State of New York · 1945
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