Williams v. Magee
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Luzerne A. Williams, as sole surviving partner of the copartnership firm of Case, Williams & Company, from a judgment of the Supreme Court in favor of the defendants, John Magee and others, as executors, etc., of George J. Magee, deceased, entered in the office of the clerk of the county of Onondaga on the 5th day of March, 1902, upon the decision of the court, rendered after a trial at the Onondaga Special Term, sustaining said •defendants’ demurrer…
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Appeal by the plaintiff, Luzerne A. Williams, as sole surviving partner of the copartnership firm of Case, Williams & Company, from a judgment of the Supreme Court in favor of the defendants, John Magee and others, as executors, etc., of George J. Magee, deceased, entered in the office of the clerk of the county of Onondaga on the 5th day of March, 1902, upon the decision of the court, rendered after a trial at the Onondaga Special Term, sustaining said •defendants’ demurrer to the complaint.
1Opinion of the Court
Spring, J.:
The plaintiff has brought this action to recover damages for breach of a contract, under seal, entered into August 13, 18Y5, by John E. Gowan, George M. Case and Edgar Munson, as parties of the first part, and George J. Magee of the second part. The parties of the first part held first mortgage bonds of a defunct railroad company amounting to a large sum, and by this agreement with Magee were to foreclose the mortgage securing said bonded indebtedness, purchase the mortgaged property at foreclosure sale and convey the same to Magee or to a railroad company to be thereafter…
2Cases cited6 opinions
- Munson v. Syracuse, Geneva & Corning R. R. Co.New York Court of Appeals · 1886
- Schaefer v. . HenkelNew York Court of Appeals · 1878
- Henricus v. . EnglertNew York Court of Appeals · 1893
- Whitehouse v. DrislerAppellate Division of the Supreme Court of the State of New York · 1899
- Munson v. . MageeNew York Court of Appeals · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Spencer v. HuntingtonAppellate Division of the Supreme Court of the State of New York · 1905
- Porter v. BaldwinAppellate Division of the Supreme Court of the State of New York · 1910
- Van Allen v. PeabodyAppellate Division of the Supreme Court of the State of New York · 1906
- Furculi v. BittnerCity of New York Municipal Court · 1910