Phenix National Bank v. . Waterbury
New York Court of Appeals
Appeal from a judgment entered February 6, 1908, upon an order of the Appellate Division of the Supreme Court in the first judicial department overruling defendants’ exceptions ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing judgment for plaintiff on the verdict directed by the trial court. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment entered February 6, 1908, upon an order of the Appellate Division of the Supreme Court in the first judicial department overruling defendants’ exceptions ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing judgment for plaintiff on the verdict directed by the trial court. The nature of the action and the facts, so far as material, are stated in the opinion. The defendants’ discharges in bankruptcy are a complete defense to this action, as their obligation under the contract was provable in the bankruptcy…
1Opinion of the CourtGray, J.
The plaintiff seeks to recover of the defendants the purchase price of certain shares of capital stock of the Waterbury & Marshall Company. The agreement, set out in the complaint as the basis of its demand, was made in 1894 between it and the defendants Waterbury and Marshall. In it, these defendants, as parties of the first part, “ jointly and severally promise and agree to purchase from the party of the second part, (this plaintiff), on the first day of May, 1900, or on any earlier date, at their option, two hundred and fifty (250) shares of the preferred capital stock of the Waterbury &…
2Cases cited2 opinions
- Ames v. MoirSupreme Court of the United States · 1891
- Pardee v. . KanadyNew York Court of Appeals · 1885
3Cited by9 opinions
- Wood v. . FiskNew York Court of Appeals · 1915
- In re Mullings Clothing Co.District Court, D. Connecticut · 1916
- Sangamon Loan & Trust Co. v. United Shoe Machinery Co.Court of Appeals for the Seventh Circuit · 1915
- Wood v. FiskAppellate Division of the Supreme Court of the State of New York · 1913
- Creamery Package Manufacturing Co. v. HortonAppellate Division of the Supreme Court of the State of New York · 1917
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