Rudd v. Magee
Appellate Division of the Supreme Court of the State of New York
Appeal from judgment on-report of referee. Action for damages for breach of a sealed contract by Robert C. Rudd, as assignor of John E. Gowen, against John Magee and others, as executors of the last will of George J. Magee, impleaded with Edgar Munson and another. From a judgment in favor of plaintiff entered on report of referee, defendants appeal.
1Opinion of the CourtGoodrich, P. J.
The plaintiff brought this action to recover damages for the breach of a sealed contract dated' August 13, 1875, made between Gowen, Munson, and Case, as parties of the first part, and the defendant’s testator, George J. Magee, as party of the second part. Gowen died intestate in May, 1896, and his administrator and other parties interested assigned to the plaintiff all claims arising out of the contract which they had against Magee. The latter died in 1897, leaving a will, in which he named as his executors the four principal defendants. The other two defendants are Munson and Case, who…
2Cases cited2 opinions
- Munson v. Syracuse, Geneva & Corning RailroadNew York Court of Appeals · 1886
- Munson v. . MageeNew York Court of Appeals · 1899