Legal Opinion

Catlin v. . Green

New York Court of Appeals

Decided June 3, 1890PublishedCited by 4 opinions

Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made the fourth Monday of October, 1887, which affirmed a judgment in favor of defendant, entered upon the decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion. The agreement not being executed in the name of any principal, by the defendant and one Elwell (since deceased), it is their personal obligation.

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Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made the fourth Monday of October, 1887, which affirmed a judgment in favor of defendant, entered upon the decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion. The agreement not being executed in the name of any principal, by the defendant and one Elwell (since deceased), it is their personal obligation. (Dewitt v. Walton, 9 N. Y. 571; Pumpelly v. Phelps, 40 id. 67; Briggs v. Partridge, 64 id. 571; Getty v. Binsse, 49 id. 385;…

1Opinion of the CourtHaight, J.

¡ftiis action was brought to recover the value of the bonds of the North Second Street and Middle Village ¡Railway Company to the amount of $2,000 par value. On the 28th day of July, 1870, the Brooklyn, Winfield and Newton Raih’oad Company entered into an agreement with John Elwell and William W. Green as trustees of the purchasers of the Metropolitan ¡Railway Company in and- by the terms of which the former company agreed to lease to the company to to be organized by the trustees under the name of the North Second Street and Middle Village Railway Company, its franchise, rights and…

2Cases cited2 opinions

  1. Fitzpatrick v. . WoodruffNew York Court of Appeals · 1884
  2. Johnston v. . TraskNew York Court of Appeals · 1889

3Cited by4 opinions

  1. Mott v. New York Security & Trust Co.New York Supreme Court · 1899
  2. Churchill Evangelistic Ass'n v. Columbia Broadcasting System, Inc.New York Supreme Court · 1931
  3. New York Security & Trust Co. v. Louisville, E. & St. L. Consol. R.U.S. Circuit Court for the District of Indiana · 1899
  4. Hartman v. GorrelOhio Court of Appeals · 1917

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