Beatty v. . Guggenheim Exploration Co.
New York Court of Appeals
Re-argument of an appeal from a judgment, entered September 30, 1915, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of defendants entered upon a decision of the court on trial at Special Term and directing judgment in favor of plaintiff.
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Re-argument of an appeal from a judgment, entered September 30, 1915, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of defendants entered upon a decision of the court on trial at Special Term and directing judgment in favor of plaintiff. The nature of the action and the facts, so far as material, are stated in the opinion in this case reported in 223 New York, at page 298. Upon the record the exploration company is entitled to a final judgment on the claim of the plaintiff growing out of the Perry-Exploration…
1Opinion of the CourtCardozo, J.
This case is here upon re-argument. We need not rehearse the facts. They are concisely stated in Judge Cuddeback’s opinion (223 N. Y. 294). We held then .that there could be no recovery by the plaintiff of compensation paid to Perry under the Perry-Guggenhelm contract. That question is no longer open. We did not pass upon the Perry-Treadgold contract, but left the plaintiff’s rights under that contract for adjudication on a second trial. The re-argument thereafter ordered was restricted to a single question. The question is whether plaintiff’s rights under the Perry-Treadgold contract may be…
2Cases cited13 opinions
- Massie v. WattsSupreme Court of the United States · 1810
- Hammond v. HopkinsSupreme Court of the United States · 1892
- Felix v. PatrickSupreme Court of the United States · 1892
- Gardner v. . OgdenNew York Court of Appeals · 1860
- Moore v. CrawfordSupreme Court of the United States · 1889
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3Cited by563 opinions
- Meinhard v. SalmonNew York Court of Appeals · 1928
- Sharp v. KosmalskiNew York Court of Appeals · 1976
- Guth v. Loft, Inc.Supreme Court of Delaware · 1939
- Page v. ClarkSupreme Court of Colorado · 1979
- Simonds v. SimondsNew York Court of Appeals · 1978
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