Locke v. Taylor
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Fred M. Locke, from an order of the County Court of Livingston county, entered in the office of the clerk of said county on the 11th day of August, 1913, setting aside the verdict of a jury in favor of the plaintiff and granting a new trial upon the ground that the verdict was contrary to law.
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Appeal by the plaintiff, Fred M. Locke, from an order of the County Court of Livingston county, entered in the office of the clerk of said county on the 11th day of August, 1913, setting aside the verdict of a jury in favor of the plaintiff and granting a new trial upon the ground that the verdict was contrary to law. This action was brought to recover the sum of $200, with interest thereon, alleged to have been subscribed by the defendants for the purpose of inducing the rebuilding and reconstruction of a manufacturing plant in the village of Lima, N. Y., which had a short time before the…
1Opinion of the Court
Kruse, P. J.:
The evidence warranted no other inference than that plaintiff’s assignors rebuilt the insulator plant in the expectation of receiving the subscriptions made by these defendants and others, and to some extent at least in reliance thereon. The purpose for which the subscriptions were made, whichever may have been the true form of the subscription paper, was, primarily at least, to secure the reconstruction of the insulator plant. If it was in the form which' plaintiff asserts, without. other limitation, then plaintiff, as- the assignee of the right therein of the parties who…
2Cases cited3 opinions
- Keuka College v. . RayNew York Court of Appeals · 1901
- Yonkers Gazette Co. v. JonesAppellate Division of the Supreme Court of the State of New York · 1898
- Lyell Avenue Lumber Company v. . LighthouseNew York Court of Appeals · 1913
3Cited by4 opinions
- Claim of the First Methodist Episcopal Church v. Estate of HowardNew York Surrogate's Court · 1929
- Liberty Maimonides Hospital v. Felberg, New York County Courts1957
- Spitzli v. GuthNew York Supreme Court · 1920
- People v. S. W. Straus & Co.New York Supreme Court · 1935