Nathan v. Woolverton
New York Supreme Court
Action upon a contract. The opinion states the facts.
1Opinion of the CourtJaycos, J.
At the time of the trial of this action the court held “ that the question of the concealment of value, upon the undisputed facts of the agreement and of the silence of the plaintiff, was one of law for the court and not of fact for the jury ” (Magnin v. Dinsmore, 62 N. Y. 35—44) ; and that question was not submitted to the jury. At that time the court took the view that the facts were undisputed, and they are, in so far as what occurred when plaintiff delivered his cheek to the defendant agent and received defendant’s check. In my opinion, again quoting from Magnin v. Dinsmore, supra, “…
2Cases cited13 opinions
- Southwick v. First National Bank of MemphisNew York Court of Appeals · 1881
- Orange County Bank v. BrownNew York Supreme Court · 1832
- Neudecker v. . KohlbergNew York Court of Appeals · 1880
- Baldwin v. Liverpool & Great Western Steamship Co.New York Court of Appeals · 1878
- Woolsey v. Trustees of the Village of EllenvilleNew York Supreme Court · 1893
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3Cited by12 opinions
- Waters v. Beau Site Co.City of New York Municipal Court · 1920
- Nathan v. WoolvertonAppellate Division of the Supreme Court of the State of New York · 1912
- Nathan v. WoolvertonAppellate Division of the Supreme Court of the State of New York · 1911
- Robin v. ColaizziAppellate Terms of the Supreme Court of New York · 1917
- S. Nathan & Co. v. Red Cab, Inc.Court of Appeals for the Seventh Circuit · 1941
7 more not listed; retrieve them via the Exa API.