Chamberlain v. Jones
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Jennie H. Chamberlain, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 11th day of October, 1897, upon the dismissal of the complaint upon the merits, by direction of the court after a trial at the Kings County Trial Term. The par value of the bonds- referred to in the opinion was $250 each. The price paid by the plaintiff for the two bonds was $450.
1Opinion of the Court
Hatch, J.:
By this action is sought to be reco vered the purchase price of two bonds of the Atlantic-Pacific Railway Tunnel Company, which plaintiff claims to have purchased of such company in reliance on an oral agreement upon the part of the defendant that he would repurchase the same in the event plaintiff requested him so to do. The answer inter alia pleads that the contract of purchase, not being in writing and subscribed by the defendant, is void by the Statute of Frauds. The whole of the material evidence upon which plaintiff relies to make out her cause of action is found in the…
2Cases cited4 opinions
- Johnston v. . TraskNew York Court of Appeals · 1889
- Boardman v. CutterMassachusetts Supreme Judicial Court · 1880
- Wooster v. . SageNew York Court of Appeals · 1876
- Hagar & Derby v. KingNew York Supreme Court · 1862
3Cited by5 opinions
- Morse v. DouglassAppellate Division of the Supreme Court of the State of New York · 1906
- Pierce v. RothwellWyoming Supreme Court · 1928
- Fitzpatrick v. Associated Gas & Electric Co.New York Supreme Court · 1933
- Bryant v. Credit Service, Inc.Superior Court of Delaware · 1934
- Schwanke v. DheinWisconsin Supreme Court · 1934