Brinley v. Nevins
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Edward Brinley, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 29th day of January, 1914, upon the dismissal of the complaint by direction of the court at the close of, plaintiff’s case, and also from an order entered in said clerk’s office on the 27th day of January, 1914, denying plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
McLaughlin, J.:
Action to recover damages for breach of a contract to sell 50,000 shares of stock. The complaint was dismissed at the *745close of plaintiff’s case, and from a judgment to that effect and an order denying a motion for a new trial plaintiff appeals.
The evidence introduced by the plaintiff would have justified the jury in finding the following facts: That on the 17th of September, 1908, the defendant wrote plaintiff: “The option given to you and Hr. Swift jointly, has expired on September 13th. We will therefore extend the option to you individually, namely for fifty thousand shares…
2Cases cited8 opinions
- Currie v. . WhiteNew York Court of Appeals · 1871
- Page v. . ShainwaldNew York Court of Appeals · 1901
- Quick v. . WheelerNew York Court of Appeals · 1879
- Stokes v. . MacKayNew York Court of Appeals · 1895
- Pettibone v. MooreNew York Supreme Court · 1894
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Brinley v. NevinsAppellate Division of the Supreme Court of the State of New York · 1915
- Brinley v. NevinsAppellate Division of the Supreme Court of the State of New York · 1915
- Rosen v. GreenwaldAppellate Division of the Supreme Court of the State of New York · 1922