Williams v. Magee
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Onondaga county. Action by Luzerne A. Williams, as surviving partner of the firm of Case, Williams & Co., against John Magee and others, as executors of the estate of George J. Magee, deceased, impleaded with Edgar Munson and others. From a judgment sustaining a demurrer to an amended complaint and dismissing the cause, plaintiff appeals.
1Opinion of the CourtSpring, J.
The plaintiff has brought his action to recover damages for breach of a contract under seal, entered into August 13, *5511875, by John E. Gowan, George M. Case, and Edgar Munson, as parties of the first part, and George J. Magee, of the second part. The parties of the first part held first mortgage bonds of a. defunct railroad company, amounting to a large sum, and by this agreement with McGee were to foreclose the mortgage securing said bonded indebtedness, purchase the mortgaged property at foreclosure sale, and convey the same to McGee or to a railroad company to be thereafter organized.…
2Cases cited8 opinions
- Briggs v. . PartridgeNew York Court of Appeals · 1876
- Munson v. Syracuse, Geneva & Corning RailroadNew York Court of Appeals · 1886
- Schaefer v. . HenkelNew York Court of Appeals · 1878
- Henricus v. . EnglertNew York Court of Appeals · 1893
- Whitehouse v. DrislerAppellate Division of the Supreme Court of the State of New York · 1899
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