Legal Opinion

Broadbooks v. Tolles

Appellate Division of the Supreme Court of the State of New York

Decided July 12, 1906PublishedCited by 5 opinions

Motion by the plaintiffs, George O. Broadbooks and another, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance, upon the dismissal of the complaint by direction of the court after a trial at the Wyoming Trial Term in December, 1905.

1Opinion of the Court

Spring, J.:

Prior to November 20, 1902, the defendant and one Florence Vickery, as copartners under the style of the West Avenue Mills Company, carried on a lumber yard in the village of Attica, in which was kept for sale hemlock and pine lumber, sewer pipe, shingles, brick, plaster, moldings, veranda stock and kindred articles and materials. The plaintiffs for several years conducted a rival business in the sazne place. On the 20th of Noveznher, 1902, the plaintiffs purchased the stock, business and good will of the said West Avenue Mills Company. In the written agreement of tz'ansfer the…

2Cases cited3 opinions

  1. Ward v. Hudson River Building Co.New York Court of Appeals · 1891
  2. Curtis v. . Van BerghNew York Court of Appeals · 1899
  3. Sander v. . HoffmanNew York Court of Appeals · 1876

3Cited by5 opinions

  1. Beveridge v. West Side Construction Co.Appellate Division of the Supreme Court of the State of New York · 1909
  2. Alexander S. v. Arnold ConstableNew Jersey Superior Court Appellate Division · 1969
  3. Fries v. ParrNew York Supreme Court · 1912
  4. McCarty v. ConstableAppellate Division of the Supreme Court of the State of New York · 1927
  5. Oliver M. Farrand Co. v. FarrandNew York Supreme Court · 1914

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