Stephens v. Aulls

New York Supreme Court

Stephens v. Aulls

3 Thomp. & Cook 781

DecidedApril 15, 1874

StatusPublished

This text of 3 Thomp. & Cook 781 (Stephens v. Aulls) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Stephens v. Aulls, 3 Thomp. & Cook 781 (N.Y. Super. Ct. 1874).

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Opinion

E. Darwin Smith, J.

The head-note states the point upon which the judgment was affirmed. The affirmance was made with the modification that the judgment should be without prejudice to plaintiff’s right to sue at law. The following authorities were cited in the opinion:

Upon the right to enforce such contracts at law, Chappel v. Brockway, 21 Wend. 158; Rose v. Sadgbee, id. 166. As to the power of a court of equity to enforce it, Collins v. Plumb, 16 Ves. 454.

Judgment as modified affirmed.

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E. Darwin Smith, J.

The head-note states the point upon which the judgment was affirmed. The affirmance was made with the modification that the judgment should be without prejudice to plaintiff’s right to sue at law. The following authorities were cited in the opinion:

Upon the right to enforce such contracts at law, Chappel v. Brockway, 21 Wend. 158; Rose v. Sadgbee, id. 166. As to the power of a court of equity to enforce it, Collins v. Plumb, 16 Ves. 454.

Judgment as modified affirmed.

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Bluebook (online)

3 Thomp. & Cook 781, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stephens-v-aulls-nysupct-1874.