Spier v. Hyde
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Charles L. Hyde and another, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 17th day of July, 1902, upon the decision of the court rendered after a trial at the New York Special Term. The Goodson Type Casting and Setting Machine Company was a corporation organized under the laws of the State of Minnesota.
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Appeal by the defendants, Charles L. Hyde and another, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 17th day of July, 1902, upon the decision of the court rendered after a trial at the New York Special Term. The Goodson Type Casting and 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…
1Opinion of the Court
Hatch, 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 eighth, 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 twenty-seventh, and from anything which appears in the complaint the later agreement of May eighth has no existence. This did not, however, eliminate it from the case. It being averred *157in the answer, as matter of defense, the plaintiff was required to meet it…
2Cases cited6 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
- Oberlander v. . SpiessNew York Court of Appeals · 1871
- Morehouse v. . Second Nat'l B'k of OswegoNew York Court of Appeals · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by12 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
- Harvey v. J. P. Morgan & Co.City of New York Municipal Court · 1937
- Spier v. HydeAppellate Division of the Supreme Court of the State of New York · 1904
7 more not listed; retrieve them via the Exa API.