Litchfield v. . Irvin
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial district, affhyning a judgment in favor of the defendants entered upon the decision of the court at Special Term.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the first judicial district, affhyning a judgment in favor of the defendants entered upon the decision of the court at Special Term. This action whs brought to establish a right on the part of the plaintiffs to redeem certain railroad bonds sold by the plaintiffs to the defendants on the twenty-third day of July, 1856, by receipted bill of sale, of which the following is a copy : “Hew York, 23d July, 1856. “ Messrs. Richard Invar & Co,, “ Bought of E. O. & E. B. Litchfield, $100,000 1st mortgage convertible bonds of the Great…
1Opinion of the Court
Earl, 0.
The plaintiffs claim that the papers executed by them on the 23d of July, 1856, show that the bonds were not absolutely sold to the defendants, but that they were delivered to them as a security for the payment of the money at that time advanced by the defendants. To state their claim in another form, it is that the contract was an agreement to sell and to buy the bonds, if the railroads mentioned were completed and consolidated within one year; but if the roads were not completed and consolidated within one year, then the contract was to borrow and lend money at seven per cent…
2Cases cited2 opinions
- Boynton v. WoodburyMassachusetts Supreme Judicial Court · 1869
- Manvel v. . HoldredgeNew York Court of Appeals · 1871
3Cited by6 opinions
- Rottkamp v. EgerNew York Supreme Court · 1973
- Wallace Bank & Trust Co. v. First National Bank of FairfieldIdaho Supreme Court · 1925
- People v. . FerraraNew York Court of Appeals · 1910
- Satterly v. PlaistedAppellate Division of the Supreme Court of the State of New York · 1976
- Lyons v. SniderSupreme Court of Minnesota · 1917
1 more not listed; retrieve them via the Exa API.