Legal Opinion

Frost v. Clarkson

New York Supreme Court

Decided February 15, 1827PublishedCited by 7 opinions

On error from the 0. P. of the city and county of New York. The plaintiff, Frost, brought an action against the defendants, the Clarksons, in the court below, for money ' ' iicn *had and received. On the trial, he made out the following case, which was found by special verdict: That Gr.

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On error from the 0. P. of the city and county of New York. The plaintiff, Frost, brought an action against the defendants, the Clarksons, in the court below, for money ' ' iicn *had and received. On the trial, he made out the following case, which was found by special verdict: That Gr. Hoyt, a stockbroker, November 22d, 1824, made a contract with the defendants, for the purchase of 100 shares of Pacific Insurance stock; and the defendants signed a contract, stating that they had, on that day, sold Hoyt 10Q shares of Pacific Insurance, at 103 1-4 per cent, and interest at the rate of 6 per…

1Opinion of the Court

Curia, per Savage, Ch. J.

The plaintiff contends he is entitled to recover the money advanced upon one of two grounds: 1. That the contract itself is void by statute: 2. If not void, yet it has been rescinded by the defendants.

1. The statute is as follows: “ That all contracts, written or verbal, hereafter to be made, for the sale or transfer, and all wagers concerning the prices present or future, of any certificate or evidence of debt, due by, or from the United States, or any separate state, or any share or shares of the stock of any bank, or any share or shares of the stock of any company,…

2Cases cited2 opinions

  1. Raymond v. BearnardNew York Supreme Court · 1815
  2. Porter v. RoseNew York Supreme Court · 1815

3Cited by7 opinions

  1. Helvering v. City Bank Farmers Trust Co.Supreme Court of the United States · 1935
  2. Crist v. ArmourNew York Supreme Court · 1861
  3. Briggs v. OttmannNew York Court of Common Pleas · 1888
  4. Mansfield Apartment Owners Association v. City of MansfieldCourt of Appeals for the Sixth Circuit · 1993
  5. Melissa A. Niblett v. eXp Realty, LLC, et al.District Court, M.D. Pennsylvania · 2026

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