Legal Opinion

McCammon v. . Kaiser

New York Court of Appeals

Decided April 25, 1916PublishedCited by 3 opinions

Appeal from a judgment, entered August 12, 1913, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict directed by the court and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.

1Opinion of the CourtHiscock, J.

This is an action at law brought to recover a sum of money alleged to be due from defendant to plaintiff in his own right and as assignee of various people.

The material allegations of the complaint are that plaintiff and his assignors entered into an agreement with the defendant whereby the former were to advance certain moneys and the latter was to purchase certain real estate and “when said defendant made said purchase and obtained the deed to said property, the said defendant was to make a contract of sale or a deed of tenancy in common, ” with the plaintiff and his assignors “showing…

2Cases cited3 opinions

  1. Fults v. . MunroNew York Court of Appeals · 1911
  2. Ewing v. . WightmanNew York Court of Appeals · 1901
  3. Pfister v. HeinsAppellate Division of the Supreme Court of the State of New York · 1910

3Cited by3 opinions

  1. Kosiba v. City of SyracuseNew York Court of Appeals · 1942
  2. Port Washington State Bank v. Polonia Phonograph Co.Wisconsin Supreme Court · 1923
  3. Roberts v. New York Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1921

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