Greene v. Barrett, Nephews & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Barrett, Nephews & Company and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Richmond on the 13th day of November, 1922, upon the decision of the court, rendered after a trial at the Richmond Special Term, and also from an order entered in said clerk’s office on the 13th day of November, 1922, granting the plaintiff an extra allowance.
1Opinion of the Court
Manning, J.:
The action was brought to recover moneys paid as earnest money upon a contract made by the individual defendants for the sale of the property and assets of the defendant Barrett, Nephews & Company, Old Staten Island Dyeing Establishment, and damages by way of counsel fees amounting to $6,000, and other expenses amounting to $1,122.55. Upon the trial the items of damage consisting of counsel fees and expenses were withdrawn, and the action was tried solely for the purpose of recovering the earnest money.
The complaint alleges that the parties had entered into a contract for the sale…
2Cases cited7 opinions
- Storms v. . Manhattan Railway Co.New York Court of Appeals · 1904
- S. Liebmann's Sons Brewing Co. v. LauterAppellate Division of the Supreme Court of the State of New York · 1902
- Storms v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Roberts v. GeisNew York Court of Common Pleas · 1869
- Pratt v. ClarkAppellate Division of the Supreme Court of the State of New York · 1907
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3Cited by2 opinions
- Long Building, Inc. v. Buffalo Anthracite Coal Co.New York Supreme Court · 1947
- Sport-Craft, Inc. v. Garment Center Capitol, Inc.New York Supreme Court · 1938