Legal Opinion

Van Dam v. Tapscott

Appellate Division of the Supreme Court of the State of New York

Decided April 15, 1899PublishedCited by 1 opinion

Appeal by the defendant, Frank L. Tapscott, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of. Bichmond on the 31st day of October, ■ 1898, upon the verdict of a jury rendered by direction of the court.

1Opinion of the Court

Cullen, J.:

On April 29, 1892, the defendant and one Daniel K. Bayne executed and delivered to the plaintiff’s assignor, John Leuckel, the following instrument:

“We, the undersigned, agree to buy from Mr. John Leuckel, Esq., eleven thousand ($11,000) dollars of the common stock of the Trenton Potteries Co. within one year from the date of incorporation of said company at par.
“(Sgd.) FBANK L. TAPSCOTT,
“(Sgd.) D. K BAYNE.” '

At the same time Leuckel executed and .delivered to the defendant and Bayne this writing:

“I herewith agree to sell and deliver, on demand, eleven thousand ($11,000) dollars of…

2Cases cited5 opinions

  1. People v. . St. Nicholas BankNew York Court of Appeals · 1897
  2. Stall v. . WilburNew York Court of Appeals · 1879
  3. Tripp v. RileyNew York Supreme Court · 1863
  4. Channon v. LuskNew York Supreme Court · 1870
  5. Lobdell v. StowellNew York County Court, Chenango County · 1865

3Cited by1 opinion

  1. Harrison v. Pennsylvania R.New York County Court, Cattaraugus County · 1909

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