Legal Opinion

Mitchell v. Tonkin

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 1905PublishedCited by 7 opinions

Appeal by the defendant, Nathaniel Tonkin, from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, in favor of. the plaintiff, entered on the 13th day of January, 1905. '

1Opinion of the Court

Rich, J.:

The plaintiff claims that defendant agreed with him and two others to carry out a certain contract for the purchase of real property which he had made and was unable to complete, and in consideration of his furnishing sufficient money to carry out the contract defendant should take title in his name, and upon a sale of the premises all profits, after deducting interest on the moneys advanced, were to be divided into four equal ■ parts, one of which should belong to the plaintiff. There was no agreement, however, as to when the property should be sold, or at what price. The defendant…

2Cases cited3 opinions

  1. Marston v. . GouldNew York Court of Appeals · 1877
  2. Lord v. . HullNew York Court of Appeals · 1904
  3. Belanger v. DanaNew York Supreme Court · 1889

3Cited by7 opinions

  1. Procter & Gamble Co. v. PowelsonCourt of Appeals for the Second Circuit · 1923
  2. Worms v. LakeAppellate Division of the Supreme Court of the State of New York · 1921
  3. Ludlum v. WagnerAppellate Division of the Supreme Court of the State of New York · 1925
  4. Voegtrin v. BowdoinAppellate Terms of the Supreme Court of New York · 1907
  5. Lasky v. CoverdaleAppellate Terms of the Supreme Court of New York · 1914

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