Legal Opinion

Societa Italiana Di Beneficenza v. Sulzer

New York Court of Appeals

Decided June 6, 1893PublishedCited by 15 opinions

Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made July 20,1892, which affirmed a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion.

1Opinion of the CourtO’Brien, J.

The action was brought to recover upon a written contract of a peculiar nature. It is admitted by the answer that the plaintiff is a domestic corporation, and that it holds by assignment whatever claim the parties who signed or executed the contract could enforce against the defendant. The complaint avers that on June 29, 1889, certain united Italian societies in the city of Hew York, for and in behalf of the plaintiff, a corporation organized for benevolent purposes, entered into an agreement with the defendant whereby, in consideration of the promise or agreement of such societies to hold •…

2Cases cited2 opinions

  1. Lawrence v. . FoxNew York Court of Appeals · 1859
  2. Bruce v. . BurrNew York Court of Appeals · 1876

3Cited by15 opinions

  1. Talbot v. . LaubheimNew York Court of Appeals · 1907
  2. Carter, Macy Co. v. MatthewsAppellate Division of the Supreme Court of the State of New York · 1927
  3. Johnson v. SherwoodIndiana Court of Appeals · 1905
  4. John E. Rosasco Creameries, Inc. v. CohenAppellate Division of the Supreme Court of the State of New York · 1936
  5. Balmford v. Grand Lodge of the Ancient Order of United WorkmenAppellate Terms of the Supreme Court of New York · 1896

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