Myres v. DeMier
New York Court of Common Pleas
Appeal by plaintiff from a judgment entered on the decision of a judge at special term. The judge, at the trial, found as matters of fact, that about December 3d, 1869, Austin Myres (plaintiff’s testator) and the defendant were the owners of the New Jersey Arms and Ordnance Company at Trenton, New Jersey, the defendant owning nine-sixteenths .and Myres seven-sixteenths.
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Appeal by plaintiff from a judgment entered on the decision of a judge at special term. The judge, at the trial, found as matters of fact, that about December 3d, 1869, Austin Myres (plaintiff’s testator) and the defendant were the owners of the New Jersey Arms and Ordnance Company at Trenton, New Jersey, the defendant owning nine-sixteenths .and Myres seven-sixteenths. On that day they entered into a contract, by which Myres agreed to sell his interest to the de■fendant for $55,000, to be paid as follows: $4,000 in cash, $6,000 on delivery of the deed, and the remainder, or $45,000, to be…
1Opinion of the Court
By the Court.*—Larremore, J.
—Prior to December 3d, *3491869, plaintiff’s testator and the defendant were the owners of certain real estate and personal property at Trenton, N. J. On that day, the said owners .entered into a contract whereby Myres agreed to sell his said interest (being T7F) to the defendant, for $55,000, to be paid as follows: $4,000 on the execution ■of the contract, $6,000 on delivery of the deed, and the balance, $45,000, to be secured by a bond and mortgage upon the property and policies of insurance to the amount of $25,000. “ The •deed to be delivered February 1st,…
2Cases cited11 opinions
- Benedict v. LynchNew York Court of Chancery · 1815
- Newton v. . BronsonNew York Court of Appeals · 1856
- More v. SmedburghNew York Court of Chancery · 1841
- Edgerton v. PeckhamNew York Court of Chancery · 1844
- Wiswall & Price v. McGownNew York Supreme Court · 1848
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- Mayer v. McCuneNew York Court of Common Pleas · 1880