Story v. . Salomon
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, affirming a judgment of the Marine Court in favor of plaintiff. The nature of the action and the facts are set forth sufficiently in the opinion. The complaint should be dismissed for the reason that the contract was void under the statute.
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Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, affirming a judgment of the Marine Court in favor of plaintiff. The nature of the action and the facts are set forth sufficiently in the opinion. The complaint should be dismissed for the reason that the contract was void under the statute. (1 R. S., 662; Hasbrook v. Paddock, 1 Barb., 637, 638; Blossom v. Griffin, 13 N. Y., 569.) The case came with the principle ex turpi contractu non oritur actio, (Bigelow v. Benedict, Ct. of Appeals, June 1877.) The appeal to this court was…
1Opinion of the CourtEarl, J.
This is an action based upon the following contract :
“ New York, May 15th, 1875.
“ For value received, the bearer may call on the undersigned for one hundred (100) shares of the capital stock of the Western Union Telegraph Company, at seventy-seven and one-half (77J) percent, anytime in thirty (30) days from date.
“ Or the bearer may, at his option, deliver the same to the undersigned at seventy-seven and one-half (77-1-) per cent, any time within the period named, one day’s notice required.
“All dividends or extra dividends declared during the time are to go with the stock in either case, and…
2Cases cited1 opinion
- Bigelow v. . BenedictNew York Court of Appeals · 1877
3Cited by32 opinions
- Irwin v. WilliarSupreme Court of the United States · 1884
- Embrey v. JemisonSupreme Court of the United States · 1889
- Harvey v. MerrillMassachusetts Supreme Judicial Court · 1889
- Wiggin v. Federal Stock & Grain Co.Supreme Court of Connecticut · 1905
- Anderson v. StateCourt of Appeals of Georgia · 1907
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