Levy v. . Loeb
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court, of the city of JSTew York, entered upon an order made February 11, 1880, which affirmed a judgment in favor of plaintiffs’ entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Superior Court, of the city of JSTew York, entered upon an order made February 11, 1880, which affirmed a judgment in favor of plaintiffs’ entered upon a decision of the court on trial at Special Term. (Reported below, 15 J. & S. 61.) This action was brought to recover back moneys paid by plaintiffs under a contract for the purchase of certain United States bonds, which contract plaintiffs claimed a right to rescind because of non-performance on the part of defendants. Defendants who where bankers and brokers were employed by plaintiffs to…
1Opinion of the CourtMiller, J.
Upon the former appeal in this case this court held that the counter-claim set up by the defendants for a deficiency arising upon the sale of the bonds alleged to have been purchased by them for the plaintiffs, was properly rejected upon the ground that substantial performance was a condition precedent to the right of recovery, and that this was not shown. It was also held that certain other bonds having been purchased by defendants under the same agreement, and the plaintiffs having been charged a commission for buying and the defendants having received a commission from the sellers, that…
2Cases cited6 opinions
- Gruman v. . SmithNew York Court of Appeals · 1880
- Raymond v. BearnardNew York Supreme Court · 1815
- Capron v. . ThompsonNew York Court of Appeals · 1881
- Monroe v. ReynoldsNew York Supreme Court · 1867
- Fancher & Foot v. GoodmanNew York Supreme Court · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Harrington v. EggenNorth Dakota Supreme Court · 1924
- Cohen v. RothschildAppellate Division of the Supreme Court of the State of New York · 1918
- Newburger v. LevinsonAppellate Division of the Supreme Court of the State of New York · 1921
- Shearson Hayden Stone, Inc. v. PerrierCourt of Appeals of Kansas · 1981
- Baird v. WinchesterCourt of Appeals for the Ninth Circuit · 1896
1 more not listed; retrieve them via the Exa API.