Legal Opinion

Williams v. Montgomery

New York Supreme Court

Decided December 15, 1893PublishedCited by 2 opinions

Appeal from special term, New York county. Action by Fred. Williams against Thomas J. Montgomery and others to compel specific performance of a contract. The complaint was dismissed, and plaintiff appeals. The contract sought to be enforced is as follows: “This agreement, made this second day of November, 1892, by and between John B. Powell, Bernard Lande, and Thos. J. Montgomery, all of the city of New York, and Fred.

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Appeal from special term, New York county. Action by Fred. Williams against Thomas J. Montgomery and others to compel specific performance of a contract. The complaint was dismissed, and plaintiff appeals. The contract sought to be enforced is as follows: “This agreement, made this second day of November, 1892, by and between John B. Powell, Bernard Lande, and Thos. J. Montgomery, all of the city of New York, and Fred. Williams, of London, England, witnesseth: For and in consideration of one dollar, paid by each of the parties hereto to each other, the receipt whereof is hereby respectively…

1Per curiam

We are content with the position taken in this case on the appeal from the order denying plaintiff’s motion for an injunction pendente lite. 68 Hun, 416, 22 N. Y. Supp. 1033. Further reflection induces us to emphasize the assertion then made, that if the agreement was intended to restrain the disposition of the stock for a period of six months from its date it was in violation of the statute relating to accumulations of personal property and expectant estates in such property. The statute reads:

“The absolute ownership of personal property shall not be suspended by any limitation or condition…

2Cases cited8 opinions

  1. Manice v. . ManiceNew York Court of Appeals · 1871
  2. Cruikshank v. . Home for the FriendlessNew York Court of Appeals · 1889
  3. Garvey v. . McDevittNew York Court of Appeals · 1878
  4. Converse v. KelloggNew York Supreme Court · 1850
  5. People v. . SimonsonNew York Court of Appeals · 1891

3 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Dresser v. TravisNew York Supreme Court · 1902
  2. Van De Bogert v. Reformed Dutch Church of PoughkeepsieNew York Supreme Court · 1926

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