Holdredge v. Webb
New York Supreme Court
APPEÁL by the plaintiff from a judgment entered upon the report of a referee, dismissing the oomplaint. The action was brought to recover the balance of the price of 500 shares of the stock of the Anthracite Gras Lighting and Heating Company of Hew York, sold and delivered to the defendant on April 14, 1864, at seventy-five dollars per share. The defendant had paid ten per cent of the price in cash, and had promised to pay the remainder in six months from the sale.
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APPEÁL by the plaintiff from a judgment entered upon the report of a referee, dismissing the oomplaint. The action was brought to recover the balance of the price of 500 shares of the stock of the Anthracite Gras Lighting and Heating Company of Hew York, sold and delivered to the defendant on April 14, 1864, at seventy-five dollars per share. The defendant had paid ten per cent of the price in cash, and had promised to pay the remainder in six months from the sale. The amended answer was, in substance, as follows: 1. A general denial. 2. An averment that the plaintiff was not the real party…
1Opinion of the Court
By the Court, Ingraham, P. J.
This action is brought to recover for stock sold by the plaintiff to the defendant. Ten per cent of the price' was paid and the stock delivered.
The answer contains a general denial, except as to some matters subsequently admitted; denies that the plaintiff is the party in interest; and alleges that the stock was sold to the defendant by the husband of the plaintiff, who represented that the company named had been incorporated, and owned the right to manufacture gas in the city of Hew Tork; that they had a new invention for manufacturing gas, and had a patent…
2Cases cited1 opinion
- Martin v. . McCormickNew York Court of Appeals · 1854
3Cited by1 opinion
- Vinal v. Continental Construction & Improvement Co.New York Supreme Court · 1889