Kahn v. Imershein, Resnick

New York Court of Appeals

Kahn v. Imershein, Resnick

159 N.E. 654, 246 N.Y. 565, 1927 N.Y. LEXIS 962

DecidedOctober 28, 1927

StatusPublished

This text of 159 N.E. 654 (Kahn v. Imershein, Resnick) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kahn v. Imershein, Resnick, 159 N.E. 654, 246 N.Y. 565, 1927 N.Y. LEXIS 962 (N.Y. 1927).

Pincite

Opinion

Order affirmed, with costs, on ground that the complaint fails to state a tender of performance by plaintiff or facts excusing such tender and permitting recovery on principal of plaintiff’s readiness to perform. Third question certified answered in the affirmative; fourth and fifth questions in the negative. Other questions not answered.

Concur: Cardozo, Ch. J., Crane, Andrews, Lehman and O’Brien, JJ.; Pound, J., concurs in result; Kellogg, J., not sitting.

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Order affirmed, with costs, on ground that the complaint fails to state a tender of performance by plaintiff or facts excusing such tender and permitting recovery on principal of plaintiff’s readiness to perform. Third question certified answered in the affirmative; fourth and fifth questions in the negative. Other questions not answered.

Concur: Cardozo, Ch. J., Crane, Andrews, Lehman and O’Brien, JJ.; Pound, J., concurs in result; Kellogg, J., not sitting.

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Bluebook (online)

159 N.E. 654, 246 N.Y. 565, 1927 N.Y. LEXIS 962, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kahn-v-imershein-resnick-ny-1927.