Legal Opinion

Ostrander v. Snyder

New York Supreme Court

Decided December 8, 1893PublishedCited by 8 opinions

Action by Isaac Ostrander against Egbert Snyder. There was an interlocutory judgment that an agreement was made in November, 1890, between plaintiff and defendant, by which they became co-partners for the purpose of purchasing and selling real estate, the profits and losses to be equally divided between them; and W. O. Lament was appointed referee to take and state the partnership accounts between the parties. Defendant moves for a new trial under Code Civil Proc. § 1001.

1Opinion of the CourtMartin, J.

On the trial, the plaintiff claimed, and introduced evidence which tended to show, that in November, 1890, the parties entered into an oral agreement by which each was to furnish an equal amount of money to be used for the purpose of acquiring title to the lands mentioned in the complaint, the profits or losses to be shared or borne equally upon the sale of the same; that the defendant was to take the necessary steps to acquire the title to such lands; that in pursuance of such agreement the plaintiff delivered to the defendant, as a contribution on his part to the funds necessary to make…

2Cases cited18 opinions

  1. Chester v. . DickersonNew York Court of Appeals · 1873
  2. Benton v. . MartinNew York Court of Appeals · 1873
  3. Juilliard v. . ChaffeeNew York Court of Appeals · 1883
  4. Grierson v. . MasonNew York Court of Appeals · 1875
  5. Pontius v. . People of the State of New YorkNew York Court of Appeals · 1880

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3Cited by8 opinions

  1. Shoemake v. DavisSupreme Court of Kansas · 1937
  2. Bond v. TaylorWest Virginia Supreme Court · 1910
  3. Felbel v. KahnAppellate Division of the Supreme Court of the State of New York · 1898
  4. Caldwell v. GlazierAppellate Division of the Supreme Court of the State of New York · 1910
  5. Columbian Laundry v. HenckenAppellate Division of the Supreme Court of the State of New York · 1922

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