Corotinsky v. Maimin
Appellate Terms of the Supreme Court of New York
. Appeal from city court of New York, general term. Action by Ephraim Corotinsky against Harry Maimin, the name' Harry being fictitious. From a judgment of the general term off the city court of the city of New York (74 N. Y. Supp. 1123) affirming a judgment. in favor of plaintiff, defendant appeals.
1Opinion of the CourtGiegerich, J.
The action is for the breach of a contract whereby the parties were to purchase in common certain machinery offered at a receiver’s sale, and to divide any profit arising fromi their sale of the chattels, or else to divide the chattels in specie.. In support of his case the plaintiff testified to the agreement, his-*925payment of $100 to the defendant as an earnest of good faith, the ■purchase by defendant of the chattels for $1,200, a tender of half the purchase price by plaintiff, and defendant’s refusal to divide the •chattels, or to recognize plaintiff’s right to any possible distribution of…
2Cases cited5 opinions
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- Joy v. . DiefendorfNew York Court of Appeals · 1891
- Fay v. MuhlkerNew York Court of Common Pleas · 1892
- Kafka v. LevensohnAppellate Terms of the Supreme Court of New York · 1896
- Pohalski v. ErtheilerAppellate Terms of the Supreme Court of New York · 1896
3Cited by1 opinion
- Bercovici v. ChaplinDistrict Court, S.D. New York · 1943