Ranger v. Thalmann
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Ernst Thalmann and another,, compos^ ing the firm of Ladenburg, Thalmann & Company, from an inter, looutory 3 udgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 26th day of December, 1902, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the defendants’ demurrer to the plaintiff’s amended complaint.
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Appeal by the defendants, Ernst Thalmann and another,, compos^ ing the firm of Ladenburg, Thalmann & Company, from an inter, looutory 3 udgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 26th day of December, 1902, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the defendants’ demurrer to the plaintiff’s amended complaint. It appears that upon Godfrey’s failure to complete his purchase of the railroad property referred to in the opinion, the property was resold by the…
1Opinion of the Court
Ingraham, J.:
Upon an appeal from a judgment which overruled a demurrer to the original complaint in this action (65 App. DiV. 5), we held that no cause of action was alleged. The plaintiff lias served an amended complaint, which alleges that Godfrey, who purchased the property of the Tennessee Central Railroad Company at a sale under a judgment of the Chancery Court of the State of Tennessee for the sum of $20,000, and received a conveyance thereof from the special master under the decree of the said court, was the duly authorized agent of the defendants; that in making the bid for the…
2Cases cited4 opinions
- Briggs v. . PartridgeNew York Court of Appeals · 1876
- Tuthill v. . WilsonNew York Court of Appeals · 1882
- Kayton v. . BarnettNew York Court of Appeals · 1889
- Brown v. ReimanAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by4 opinions
- Cherrington v. BurchellAppellate Division of the Supreme Court of the State of New York · 1911
- Humphrey v. BusseySupreme Court of Florida · 1930
- Irving Trust Co. v. National City Bank of New YorkCourt of Appeals for the Second Circuit · 1935
- Lowenstein v. SalopCourt of Appeals for the Second Circuit · 1932