Phelps-Stokes Estates, Inc. v. Nixon
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 3, 1915, reversing a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 3, 1915, reversing a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The complaint states a good cause of action against the defendant for the recovery of the contract price of the stock, and the case was tried on the correct theory of law. (Burnham v. Eyre, 123 App. Div. 777; Empire State v. Grant, 114 N. Y. 40;…
1Opinion of the Court
The complaint in this action alleges that the defendant offered to purchase of the plaintiff certain stock deposited by a third party with the latter to secure the payment of $3,260.44. This offer was in the form of a letter. "In case Mr. Rogers does not take up this obligation before November the 27th, 1913, I hereby agree to purchase the securities, paying the amount of the above obligation with interest on or before said date."
The complaint then alleges acceptance by the plaintiff of the said offer; the failure of Rogers to take up the obligation for which the stock was held as collateral;…
2Cases cited6 opinions
- People Ex Rel. Hatch v. . ReardonNew York Court of Appeals · 1906
- In Re the Appraisal for Taxation, Under the Act in Relation to Taxable Transfers of Property, of the Estate of GouldNew York Court of Appeals · 1898
- Hendrick v. DanielSupreme Court of Georgia · 1904
- Bean v. . FlintNew York Court of Appeals · 1912
- C. M. Pearre & Co. v. HawkinsTexas Supreme Court · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- United States v. Merchants Nat. Trust & Savings BankCourt of Appeals for the Ninth Circuit · 1939
- Parsons v. LipeNew York Supreme Court · 1933
- Agar v. OrdaNew York Supreme Court · 1932
- Electric Bond & Share Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1937
- Gordon v. MazurAppellate Division of the Supreme Court of the State of New York · 1954
13 more not listed; retrieve them via the Exa API.