Stevenson v. Devins
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Andrew Stevenson, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 5th day of May, 1913, denying his motion for judgment on the pleadings dismissing a counterclaim interposed by the defendant executors, on the ground that the same is not of the character permitted to be interposed under section 501 of the Code of Civil Procedure.
1Opinion of the Court
Laughlin, J.:
This is a suit in equity to cancel a contract made by the plaintiff with the decedent, John Bancroft Devins, on the 3d day of April, 1911, for the purchase of the entire capital stock of the New York Observer, a weekly newspaper devoted to the interests of the Presbyterian religious denomination, of which *617said Devins was president, general manager and editor, and he owned a majority of its capital stock; and another contract made by the plaintiff with the executrix and executor of said Devins on the 4th day of October, 1911, modifying the former contract, and for an accounting…
2Cases cited7 opinions
- Carpenter v. . Manhattan Life Ins. Co.New York Court of Appeals · 1883
- People of State of N.Y. v. . DennisonNew York Court of Appeals · 1881
- Ter Kuile v. MaralandNew York Supreme Court · 1894
- Xenia Branch Bank v. LeeThe Superior Court of New York City · 1858
- Adams v. SchwartzAppellate Division of the Supreme Court of the State of New York · 1910
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3Cited by4 opinions
- Koppel Industrial Car & Equipment Co. v. Portalis & Co.Appellate Division of the Supreme Court of the State of New York · 1923
- Sayre v. Progressive Construction & Leasing Co.Appellate Division of the Supreme Court of the State of New York · 1913
- A. D. Kneuper Specialty Co. v. KneuperAppellate Division of the Supreme Court of the State of New York · 1916
- American Union Line, Inc. v. Oriental Navigation Corp.Appellate Division of the Supreme Court of the State of New York · 1924