Legal Opinion

Lathrop v. . Bramhall

New York Court of Appeals

Decided March 21, 1876PublishedCited by 11 opinions

Appeal from judgment of the General Term of the Supreme Court in the first judicial department affirming a judgment in favor of the plaintiffs, entered upon the report of a referee. This action was brought to recover a balance alleged to be due of the price agreed to be paid upon the transfer from plaintiffs to defendants of the capital stock of a corporation.

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Appeal from judgment of the General Term of the Supreme Court in the first judicial department affirming a judgment in favor of the plaintiffs, entered upon the report of a referee. This action was brought to recover a balance alleged to be due of the price agreed to be paid upon the transfer from plaintiffs to defendants of the capital stock of a corporation. The question .was as to whether the sale was made to the defendants jointly or to the defendant Bramhall, the other defendants, composing the firm of Clews, Livermore & Co., claiming to have acted simply as agents for Bramhall. Upon the…

1Opinion of the CourtMiller, J.

Upon the trial of this action the defendants,’ counsel objected to the admission of certain evidence offered by the plaintiffs, and the decision of the referee was reserved in several instances until the close of the plaintiffs’ evidence, when the referee proceeded to dispose of the objections to the admission of testimony, the rulings on which had been reserved. He refused to decide as to the persons affected by some portions of the evidence, holding that these questions could only be determined when the whole evidence was in, and, to the extent named, overruled the objections made by the…

2Cases cited4 opinions

  1. McKnight v. . DunlopNew York Court of Appeals · 1851
  2. Peck v. YorksNew York Supreme Court · 1866
  3. Brooks v. ChristopherThe Superior Court of New York City · 1856
  4. Raymond v. HowlandNew York Supreme Court · 1837

3Cited by11 opinions

  1. Johnson v. PortwoodTexas Supreme Court · 1896
  2. Klatt v. N. C. Foster Lumber Co.Wisconsin Supreme Court · 1896
  3. Kalamazoo Novelty Manufacturing Works v. MacalisterMichigan Supreme Court · 1879
  4. Delaware Mills, Inc. v. Carpenter Bros.Appellate Division of the Supreme Court of the State of New York · 1922
  5. Peay v. Salt Lake CityUtah Supreme Court · 1895

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