Spier v. Hyde
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Suit by Charles R. Spier against Charles L. Hyde and others. From an interlocutory judgment in favor of plaintiff, defendants appeal. Reversed. The Goodson Type Casting & Setting Machine Company was a corporation organized under the laws of the state of Minnesota.
Read the full summary
Appeal from special term, New York county. Suit by Charles R. Spier against Charles L. Hyde and others. From an interlocutory judgment in favor of plaintiff, defendants appeal. Reversed. The Goodson Type Casting & Setting Machine Company was a corporation organized under the laws of the state of Minnesota. The complaint in the action avers that the plaintiff entered into a contract with the defendants, whereby the plaintiff was to procure options upon a controlling interest in tlie shares of said company, and the parties were to form a pool of said stock. The plaintiff procured options on…
1Opinion of the CourtHatch, J.
So far as is material to the disposition of the present appeal, it is only necessary for us to determine the effect of the letter of May 8th, the rights and liabilities of the parties arising therefrom, and the determination of the court based thereon. The plaintiff, in his complaint, stands squarely upon the agreement of March 27th, and, from anything which appears in the complaint, the later agreement of May 8th has no existence. This did not, however, eliminate it from the case. It being averred in the answer as matter of defense, the plaintiff was required to meet it by showing that it…
2Cases cited8 opinions
- Nassoiy v. . TomlinsonNew York Court of Appeals · 1896
- Kirchner v. New Home Sewing MacHine Co.New York Court of Appeals · 1892
- Kromer v. . HeimNew York Court of Appeals · 1879
- Kain v. . LarkinNew York Court of Appeals · 1892
- Oberlander v. . SpiessNew York Court of Appeals · 1871
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- De La Beckwith v. SheldonCalifornia Supreme Court · 1913
- Producers Fruit Co. v. GoddardCalifornia Court of Appeal · 1925
- Elwert v. Pilot Life InsuranceOhio Court of Appeals · 1991