Schwalb v. Koch

Appellate Division of the Supreme Court of New York

Schwalb v. Koch

229 A.D. 791

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 15, 1930

StatusPublished

This text of 229 A.D. 791 (Schwalb v. Koch) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Schwalb v. Koch, 229 A.D. 791 (N.Y. Ct. App. 1930).

Pincite

Opinion

Order denying motion to dismiss amended complaint for insufficiency reversed upon the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. The agreement alleged in the amended complaint is not, in our opinion, one to refund to the plaintiff the purchase money paid by him for the stock in question upon tender and demand, but is an agreement to indemnify him from any loss which might result from his purchase of the stock. Lazansky, P. J., Young, Kapper, Carswell and Scudder, JJ., concur.

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Order denying motion to dismiss amended complaint for insufficiency reversed upon the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. The agreement alleged in the amended complaint is not, in our opinion, one to refund to the plaintiff the purchase money paid by him for the stock in question upon tender and demand, but is an agreement to indemnify him from any loss which might result from his purchase of the stock. Lazansky, P. J., Young, Kapper, Carswell and Scudder, JJ., concur.

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Bluebook (online)

229 A.D. 791, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schwalb-v-koch-nyappdiv-1930.