Goldan v. Delaware & Eastern Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Jacob L. Greatsinger; 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 10th day of January, 1911, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the said defendant’s demurrer to the amended complaint.
1Opinion of the Court
Miller, J.:
This is an action against the defendant railway company, its officers and directors, for fraud; It is alleged that the plain*79tiff’s assignor'and one Enthoven on the 13th day of August, 1909, were employed by said defendant company to procure an issue of bonds of the par value of $3,500,000, to be underwritten under an agreement whereby each was to have a commission of two and one half per cent, amounting to $87,500;. that an underwriting agreement was procured which was accepted and approved by said company, but which provided that it ‘should not become binding upon the underwriters…
2Cases cited1 opinion
- People Ex Rel. Delaware & Hudson Co. v. StevensNew York Court of Appeals · 1909
3Cited by3 opinions
- First National Bank of White River JCT. v. ReedCourt of Appeals for the Second Circuit · 1962
- First National Bank Of White River Jct. v. Norman E. ReedCourt of Appeals for the First Circuit · 1962
- Westchester Fire Insurance v. Syracuse, Binghamton & New York RailroadNew York Supreme Court · 1916