Levy v. . Burgess
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York affirming a judgment in favor of plaintiffs, entered upon a verdict.
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Appeal from judgment of the General Term of the Superior Court of the city of New York affirming a judgment in favor of plaintiffs, entered upon a verdict. (Reported below, 6 J. & S., 431.) This action was brought upon the following contract, signed by defendant: “New Yobk, August 28, 1872. “ $20,000. “ I have bought of Levy & Borg twenty thousand dollars of Alabama and Chattanooga railroad first mortgage eight per cent bonds, indorsed by the State of Alabama, numbers-to run below four thousand, July, 1872, coupons on, at eighty and one-half cents on the dollar, payable and deliverable in…
1Opinion of the CourtAndrews, J.
• The contract , between the parties was mutual, and it was to be performed by each at the same time. The plaintiffs bound themselves to deliver the bonds on the day named in the contract, and the defendant, at the same time, was to pay the purchase-price. The parties, after the contract was made and before its maturity, fixed upon an hour when they would meet at the office of the plaintiffs, on the day the contract matured, to perform it. This became a part of the agreement between them and had the same force and effect as if the particular time and place of performance had been named in the…
2Cases cited3 opinions
- Franchot v. LeachNew York Supreme Court · 1826
- Nelson v. . Plimpton Fire-Proof E. Co.New York Court of Appeals · 1874
- Williams v. HealeyNew York Supreme Court · 1846
3Cited by6 opinions
- McMechen v. McMechenWest Virginia Supreme Court · 1881
- Collins v. AmissIndiana Supreme Court · 1903
- Winch v. Farmers' Loan & Trust Co.New York Court of Common Pleas · 1895
- Security Title & Trust Co. v. StewartAppellate Division of the Supreme Court of the State of New York · 1913
- Carroll v. BlumAppellate Terms of the Supreme Court of New York · 1916
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