Munson v. Syracuse, Geneva & Corning Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fifth judicial department, entered upon an order made October 31, 1884, which affirmed a judgment in favor of defendants, entered upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme Court, in the fifth judicial department, entered upon an order made October 31, 1884, which affirmed a judgment in favor of defendants, entered upon the report of a referee. This action was brought to compel the specific performance of a contract, the substance of which and the material facts are set forth in the opinion. ' The. scheme embraced in the contract is such as is expressly authorized by the statutes which permit mortgagees of railroad property on foreclosure to become purchasers of and convey the same (Chap. 444, Laws of…
1Opinion of the CourtAndrews, J.
We think it would be difficult to affirm the judgment of the court below, dismissing the complaint, if in order to do so it was necessary to uphold the proposition that *69the original contract of August 13,1875, between the plaintiffs and Magee, was invalid either because Munson, one of the .plaintiffs, was at the time of entering into the contract, a director of the Sodus Bay and Corning Railroad Company, or for the reason that the contract violated the rule which prohibits combinations to prevent competition at a judicial or other public sale. The situation was briefly this. The Sodus Bay and…
2Cases cited2 opinions
- Duncomb v. . N.Y., H. N.R.R. Co.New York Court of Appeals · 1881
- Davoue v. FanningNew York Court of Chancery · 1816
3Cited by45 opinions
- Dudley v. MealeyCourt of Appeals for the Second Circuit · 1945
- Renz v. BeemanCourt of Appeals for the Second Circuit · 1978
- Hill v. Rich Hill Coal Mining Co.Supreme Court of Missouri · 1893
- Clark v. ClarkSupreme Court of Georgia · 1928
- Dabney v. Chase Nat. Bank of City of New YorkCourt of Appeals for the Second Circuit · 1952
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