Morse v. Douglass
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Ernest A. Douglass^from a judgment - of the Supreme Court in favor of the.plaintiff, entered in the-office of the clerk of the connty of -Franklin on- the 18th. day of September, 1905, upon the-verdict of a jury, and also from an order-entered in said clerk’s office on the 16th day of September, 1905,. denying, the defendant’s motion for a new trial made upon the minutes, and also= from an order bearing date the 16th day of September, 1905,. and…
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Appeal by the defendant, Ernest A. Douglass^from a judgment - of the Supreme Court in favor of the.plaintiff, entered in the-office of the clerk of the connty of -Franklin on- the 18th. day of September, 1905, upon the-verdict of a jury, and also from an order-entered in said clerk’s office on the 16th day of September, 1905,. denying, the defendant’s motion for a new trial made upon the minutes, and also= from an order bearing date the 16th day of September, 1905,. and entered in-said clerk’s office directing.a judgment for the plaintiff "pursuant to the. Verdict .of the jury. The action…
1Opinion of the Court
Chester, J.:
We must assume,under the verdict of-the jury' that the facts are as_ testified to by the plaintiff, and that, therefore,; the defendant made an oral agreement to take back the stock from the plaintiff -and pay to'him the amount lie had paid therefor.
The .defense is that such an agreement is'void under the Statute of brands. - (See Pers. Prop. Law [Laws of 1897,• chap. 417], '§ 21.) If there was but a. single agreement involved, in .the whole transaction the statute does hot apply. If, on the other hand, there were two separate and distinct contracts —one, that the plaintiff -would…
2Cases cited2 opinions
- Hagar & Derby v. KingNew York Supreme Court · 1862
- Chamberlain v. JonesAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by12 opinions
- Calvert v. Mason City Loan & Investment Co.Supreme Court of Iowa · 1935
- Weatherly v. CotterSupreme Court of Georgia · 1914
- Gainsburg v. BachrackAppellate Division of the Supreme Court of the State of New York · 1934
- De Waal v. JamisonAppellate Division of the Supreme Court of the State of New York · 1917
- Seaman v. SweatCourt of Appeals of Georgia · 1918
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