Legal Opinion

Otter v. Brevoort Petroleum Co.

New York Supreme Court

Decided November 4, 1867PublishedCited by 7 opinions

APPEAL from a judgment entered upon the- report of a referee. The complaint alleged that the defendants-, on or about the 23d day of August, 1864,' at the city of ¡New York, contracted' and agreed to and with the plaintiff, for and in consideration of the sum of seventeen hundred and fifty dollars, then and there paid by the plaintiff to the defendants, to sell and deliver to the said plaintiff seven hundred shares of the capital stock of “The Brevoort Petroleum Company,”…

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APPEAL from a judgment entered upon the- report of a referee. The complaint alleged that the defendants-, on or about the 23d day of August, 1864,' at the city of ¡New York, contracted' and agreed to and with the plaintiff, for and in consideration of the sum of seventeen hundred and fifty dollars, then and there paid by the plaintiff to the defendants, to sell and deliver to the said plaintiff seven hundred shares of the capital stock of “The Brevoort Petroleum Company,” the said defendants, and- that simultaneously with the making of said contract, and in furtherance and confirmation…

1Opinion of the Court

By the Court,

Leonard, P. J.

The defendants authorized Geo. H. White, their president, and Wm. H. Lee, a trustee, to sell 4000 shares of the stock of the company for $2.50 per share ; the par value being $10. White received from the plaintiff $1750 on the 23d of August, 1864, and signed a receipt for that sum from the plaintiff “in full for 700 shares of the capital'stock” of the company; the receipt to be exchanged for certificates of stock, on presentation to the secretary. White signed the receipt “ for J. G. Williams, treasurer.”

This is a valid contract, on the face of it, binding the…

2Cited by7 opinions

  1. Sturges v. StetsonU.S. Circuit Court for the District of Southern Ohio · 1858
  2. Davis Bros. v. Montgomery Furnace & Chemical Co.Supreme Court of Alabama · 1893
  3. People v. Albany and Susquehanna RailroadNew York Supreme Court · 1869
  4. Furlong v. JohnstonAppellate Division of the Supreme Court of the State of New York · 1924
  5. Zelaya Min. Co. v. MeyerCity of New York Municipal Court · 1890

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