Johnson v. Rayner
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, James W. Johnson, for a new trial made upon a case containing exceptions,' ordered to be heard at the Appellate Division in the first instance upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term. This is an action to recover the sum of $1,000 which the plaintiff paid to the defendant under an agreement for the purchase of certain personal property.
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Motion by the plaintiff, James W. Johnson, for a new trial made upon a case containing exceptions,' ordered to be heard at the Appellate Division in the first instance upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term. This is an action to recover the sum of $1,000 which the plaintiff paid to the defendant under an agreement for the purchase of certain personal property. The plaintiff refused to complete the purchase or to take the title offered by the defendant on the ground that such title was defective and unmarketable. The facts as to…
1Opinion of the Court
Barrett, J.:
Two objections are made to the defendant’s title to the property in question : First, that it was sold by the receivers under an order granted without notice to the Attorney-General. Second, that an agreement was made by the defendant with one Ruppert, a creditor of the corporation, that if the latter would not bid at the sale the defendant would see that his claim was paid.
We think it is an answer to the first objection that the sale was approved and confirmed by the court upon due notice to the Attorney-General, that officer not objecting to such approval and confirmation.
Indeed,…
2Cases cited4 opinions
- Weeks v. . WeeksNew York Court of Appeals · 1887
- Webster v. Kings County Trust Co.New York Supreme Court · 1894
- Nealis v. . American Tube Iron Co.New York Court of Appeals · 1896
- Matter of Att'y-Gen'l v. . Cont'l Life Ins. Co.New York Court of Appeals · 1883
3Cited by2 opinions
- In re BittnerNew York Supreme Court · 1942
- Pivar v. PivarAppellate Division of the Supreme Court of the State of New York · 2026