Doon v. American Surety Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the American Surety Company of Hew York, from a judgment of the Supreme Court in favor of the plaintiff, entered in "the office of the clerk. of the county of Hew York on the 24th day of May, 1905,. upon the-verdict of a jury rendered by direction of the court; also from an order entered in said clerk’s office on the 22d day of May, 1905, denying the defendant’s motion -for a new trial made upon the minutes, and also from an order made during the…
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Appeal by the defendant, the American Surety Company of Hew York, from a judgment of the Supreme Court in favor of the plaintiff, entered in "the office of the clerk. of the county of Hew York on the 24th day of May, 1905,. upon the-verdict of a jury rendered by direction of the court; also from an order entered in said clerk’s office on the 22d day of May, 1905, denying the defendant’s motion -for a new trial made upon the minutes, and also from an order made during the trial, denying the defendant’s motion ■ for a dismissal of the complaint.
1Opinion of the Court
McLaughlin, J.:
The plaintiff brought an action • against the Castleton Water Supply Company to cdmpél it to carry out an agreement to deliver to him bonds of the par value of $2,000. The complaint in that action alleged that the plaintiff had paid to the water company the sutn of $2,000 tinder its agreement to deliver to him its first mortgage bonds- of the aggregate par value of $2,000. The judgment demanded was that the water company be decreed to specifically perform the agreement ‘by delivering the bonds and for such other relief as to the court might seem just. The water company made *216defa…
2Cases cited1 opinion
- People v. . BackusNew York Court of Appeals · 1889
3Cited by3 opinions
- Cohen v. American Surety Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Popper v. SeufertAppellate Division of the Supreme Court of the State of New York · 1911
- Copeland v. HugoAppellate Division of the Supreme Court of the State of New York · 1925