Legal Opinion

Babcock v. . Read

New York Court of Appeals

Decided April 14, 1885PublishedCited by 18 opinions

The complaint in this action alleged an agreement between plaintiff’s assignor and defendant for the purchase, on speculation, of certain real estate on joint account, the profits or loss to be shared equally; that the purchase was made, the purchase-money being paid by plaintiff, and the deed taken in his name ; that the speculation resulted in a loss, one-half of which plaintiffs ought to recover.

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The complaint in this action alleged an agreement between plaintiff’s assignor and defendant for the purchase, on speculation, of certain real estate on joint account, the profits or loss to be shared equally; that the purchase was made, the purchase-money being paid by plaintiff, and the deed taken in his name ; that the speculation resulted in a loss, one-half of which plaintiffs ought to recover. The court found in substance that defendant was a member of a firm of real estate brokers, and plaintiff a merchant who had made purchases of real estate on speculation through defendant’s firm ;…

1Opinion of the Court

Ruger, Ch. J.,

reads for affirmance of order of General Term , and for judgment absolute against defendant on stipulation.

All concur.

Order affirmed and judgment accordingly.

2Cited by18 opinions

  1. Bates v. BabcockCalifornia Supreme Court · 1892
  2. Hoge v. GeorgeWyoming Supreme Court · 1921
  3. Edgcomb v. CloughSupreme Court of Pennsylvania · 1922
  4. Shoemake v. DavisSupreme Court of Kansas · 1937
  5. Sonnesyn v. HawbakerSupreme Court of Minnesota · 1914

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