Phillips v. Berger
New York Supreme Court
In Equity. Bill for specific performance. The plaintiff was the owner of a judgment recovered in the superior court of New-York, for $9837,66, against John C. and Christian B. Morrison, on which a creditor’s bill had been filed. During the pendency of that suit, the defendant entered into a contract with the plaintiff, whereby the plaintiff agreed that for $4500 and the costs, he would compromise the claim.
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In Equity. Bill for specific performance. The plaintiff was the owner of a judgment recovered in the superior court of New-York, for $9837,66, against John C. and Christian B. Morrison, on which a creditor’s bill had been filed. During the pendency of that suit, the defendant entered into a contract with the plaintiff, whereby the plaintiff agreed that for $4500 and the costs, he would compromise the claim. The agreement, as set out in the pleadings, was in the form of instructions from the plaintiff to his agent, with a memorandum signed by the defendant, in the following words: Salem, April…
1Opinion of the CourtEdmonds, J.
If this were a contract for the absolute purchase, by the defendants, of the judgments against the Morrisons, I entertain no doubt that a bill for a specific performance would lie. The jurisdiction of this court, in compelling a specific performance of contracts relating to lands, is pretty well settled; but pot so in regard to personal contracts—that is, contracts for personal acts, or for the sale and delivery of personal property. The reason for the distinction between the two classes of contracts has long since passed away. Yet the distinction still, in a measure, remains. Judge Story,…
2Cases cited5 opinions
- Sheehy v. Mandeville & JamessonSupreme Court of the United States · 1810
- Le Page v. McCreaNew York Supreme Court · 1828
- Hamblin v. DinnefordNew York Court of Chancery · 1835
- Seymour v. MinturnNew York Supreme Court · 1819
- Harrison v. WilcoxNew York Supreme Court · 1807
3Cited by15 opinions
- Cushman v. Thayer Manufacturing Jewelry Co.New York Court of Appeals · 1879
- Bomeisler v. . ForsterNew York Court of Appeals · 1897
- Losee v. MoreyNew York Supreme Court · 1865
- Butler v. WrightAppellate Division of the Supreme Court of the State of New York · 1905
- Carpentier v. AthertonCalifornia Supreme Court · 1864
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