Maag v. Maag Gear Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Maag Gear Company, 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 3d day of May, 1920, denying defendant’s motion to have the issues raised by the counterclaims set up by the defendant in its answer and the reply of the plaintiff thereto tried by a jury.
1Opinion of the Court
Laughlin, J.:
This is a suit in equity for the recovery of ninety shares of the capital stock of the defendant corporation to which the plaintiff claims to be entitled by virtue of an agreement in writing between the parties and Albert T. Otto & Sons, Inc , under date of April 1, 1915, under which the plaintiff agreed to make certain payments, and to furnish and deliver to the defendant certain machines and machinery and to assign and transfer to the defendant for its exclusive use in the *760United States certain gear patents and applications for patents. Plaintiff alleges due performance of all…
2Cases cited6 opinions
- Moot v. . MootNew York Court of Appeals · 1915
- Smith v. Western Pacific Railway Co.New York Court of Appeals · 1911
- Smith v. Western Pacific Railway Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Manhattan Life Insurance v. Hammerstein Opera Co.Appellate Division of the Supreme Court of the State of New York · 1918
- Herb v. Metropolitan Hospital & DispensaryAppellate Division of the Supreme Court of the State of New York · 1903
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3Cited by4 opinions
- S. Klein, Inc. v. New Deal Building Corp.New York Supreme Court · 1939
- Feldman v. SturmAppellate Division of the Supreme Court of the State of New York · 1951
- Forrest v. FuchsNew York Supreme Court · 1984
- City Bank Farmers Trust Co. v. HartshorneAppellate Division of the Supreme Court of the State of New York · 1942