Mason v. . Decker
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of blew York, affirming a judgment in favor of plaintiff, entered upon a verdict, and affirming an order denying'a motion for a new trial. This action was brought to recover the purchase-price of certain shares of stock alleged to have been purchased by defendant of plaintiff. The facts appear sufficiently in the opinion.
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Appeal from judgment of the General Term of the Superior Court of the city of blew York, affirming a judgment in favor of plaintiff, entered upon a verdict, and affirming an order denying'a motion for a new trial. This action was brought to recover the purchase-price of certain shares of stock alleged to have been purchased by defendant of plaintiff. The facts appear sufficiently in the opinion. As there was no mutual agreement between the parties when defendant executed the memorandum of contract it could not he inforeed. (U. and S. R. R. Co. v. Brinkerhoff, 21 Wend., 141, 142; Burnett v.…
1Opinion of the CourtEarl, J.
There was evidence tending to prove, and the jury must have found, the following facts: In April, 1873, the plaintiff and defendant were stockholders in a corporation known as the How York Construction Company. The plaintiff owned 143 shares, the par value of which was $14,300. That corporation was in need of more funds, and a scheme was devised whereby each of the stockholders were to subscribe an instrument agreeing to furnish $7,000 and receive in payment certain bonds at fifty cents on the dollar. The plaintiff being reluctant or unwilling to subscribe the instrument, and the defendant…
2Cases cited2 opinions
- Justice v. . LangNew York Court of Appeals · 1870
- Des Arts v. . LeggettNew York Court of Appeals · 1858
3Cited by39 opinions
- Agar v. OrdaNew York Court of Appeals · 1934
- Van Brocklen v. . SmeallieNew York Court of Appeals · 1893
- Fraser v. JarrettSupreme Court of Georgia · 1922
- Drake v. . SeamanNew York Court of Appeals · 1884
- Moore v. . PotterNew York Court of Appeals · 1898
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