Legal Opinion

Gause v. Commonwealth Trust Co.

Appellate Division of the Supreme Court of the State of New York

Decided January 15, 1905PublishedCited by 3 opinions

Appeal by the defendant, the Commonwealth Trust Company o.f New York, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, bearing date the 20tli day of June, 1904, and entered in the office of the clerk of the county of New York upon the decision of' the court, rendered after a trial at the New York Special Term, sustaining the plaintiff’s demurrers to the various affirmative defenses set forth in the defendant’s amended answer, and also to a…

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Appeal by the defendant, the Commonwealth Trust Company o.f New York, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, bearing date the 20tli day of June, 1904, and entered in the office of the clerk of the county of New York upon the decision of' the court, rendered after a trial at the New York Special Term, sustaining the plaintiff’s demurrers to the various affirmative defenses set forth in the defendant’s amended answer, and also to a counterclaim therein contained.

1Opinion of the Court

Van Brunt, P. J.:

The. complaint in this action alleges that on August 28, 1902, the plaintiff was the owner of certain bonds and stocks therein mentioned ; that at that date the plaintiff and tile defendant entered into an agreement in writing whereby the plaintiff agreed to and did put all the above-mentioned securities at the disposal of the defendant, giving to the defendant the exclusive right to sell them according to its judgment and discretion; that- in consideration thereof the defendant undertook the sale of the securities, and further covenanted that they would be sold on or before…

2Cases cited1 opinion

  1. Gause v. Commonwealth Trust Co.New York Supreme Court · 1904

3Cited by3 opinions

  1. Gause v. Commonwealth Trust Co.Appellate Division of the Supreme Court of the State of New York · 1906
  2. Gause v. Commonwealth Trust Co.Appellate Division of the Supreme Court of the State of New York · 1908
  3. Gause v. Commonwealth Trust Co.Appellate Division of the Supreme Court of the State of New York · 1905

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