Hyperlawhypertext legal database McCrea v. Clarke 72 N.Y.S. 1117

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McCrea v. Clarke

72 N.Y.S. 1117 Court N.Y. App. Term English

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p. 1117
McCREA, Respondent, v. CLARKE, Appellant.
(Supreme Court, Appellate Term.
June, 1901.)

Headnote

Action by Augustus L. McCrea against Peete B. Clarke.
Holt & Duross, for appellant. E. S.-Hull, for respondent.

It appears by the testimony that the plaintiff’s assignor fulfilled all his obligations under the written contract, while the defendant defaulted under his obligation to dispose of the $500 of stock for the personal benefit of the plaintiff’s assignor. It is difficult to imagine how the learned court below could have reached a different conclusion. Judgment affirmed, with costs.