Orne v. Greene
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William C. Greene, from an order of the Supreme Court, made at the New York Special Term- and entered in the office of the clerk of the county of New York on the éth day of June, 1902, denying the defendant’s motion to vacate an order directing his examination, and directing that the examination of the defendant be had, and vacating an order granted ex parte, vacating the original order.
1Opinion of the Court
Hatch, J.:
This action was brought- to compel the specific performance of two certain contracts in writing whereby it was claimed that the defendant,.for a valuable consideration, agreed to deliver to the plaintiff 10,000 shares of the stock of the Greene Consolidated Copper Company. The answer was, first, a general denial; second, that the plaintiff was not entitled to maintain the action, as he had an adequate remedy at law to recover damages for a breach of the contract; third, that there was a failure of consideration and, fourth, that the plaintiff was guilty of loches. The motion for the…
2Cases cited1 opinion
- Wolff v. KaufmanAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by4 opinions
- In re the Estate of BakerNew York Surrogate's Court · 1936
- Broome v. PerlmanCity of New York Municipal Court · 1942
- Moriarta v. RaymondNew York Supreme Court · 1907
- Treadwell v. GreeneAppellate Division of the Supreme Court of the State of New York · 1903