Koster v. Pain
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles H. Koster, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 20th day of December, 1898, upon the decision of the court rendered after a trial at the Kings County Special Term.
1Opinion of the Court
Cullen, J.:
This action was brought for the specific performance of a contract to transfer to the plaintiff twenty-five shares of the stock of the Pain Fireworks Company. The learned judge at Special Term held that the plaintiff had not made out a case for equitable relief, nor shown that he could not obtain sufficient redress at law, and he directed that the complaint be dismissed. Judgment was entered on this decision, and from that judgment this appeal is taken.
As the decision did not state separately the facts found all the questions of law and fact are presented to us for review, and we…
2Cases cited5 opinions
- Wardell v. Railroad Co.Supreme Court of the United States · 1881
- Butts v. . WoodNew York Court of Appeals · 1867
- Getty v. . DevlinNew York Court of Appeals · 1873
- Brewster v. . HatchNew York Court of Appeals · 1890
- Armstrong v. DanahyNew York Supreme Court · 1894
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- Goldshear v. BarronNew York Supreme Court · 1903
- Lozier Motor Co. v. BallNew York Supreme Court · 1907