Spencer v. Hardin
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James D. Hardin, from a 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 5th day of April, 1911, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 6th day of April, 1911, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Scott, J.:
The action is brought to recover damages for the failure of defendant to deliver to plaintiff 100,000 shares of the capital stock of the Branch Mint Mining and Milling Company, which, as plaintiff alleges, he purchased in May, 1905. The agreement for sale is said to have been an oral one, as to which plaintiff and defendant alone are able to testify directly. The former alleges that the sale was made, the latter denies it. It is not claimed that the enterprise was a fraudulent one, but it Ultimately proved to be a failure. The company had issued an enormous amount of stock, mainly…
2Cases cited1 opinion
- Goldman v. SwartwoutAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by1 opinion
- Colella v. Smith-Fredenburg Corp.Appellate Division of the Supreme Court of the State of New York · 1933