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123 A.D. 629

Villard v. Moyer

Appellate Division of the Supreme Court of the State of New York · decided 1908-01-10

Appeal by the defendant, William L. Moyer, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of ¿he clerk of the county of Westchester on the 3d day of June,. 1907, upon the decision of the court, rendered after a trial at the'Westchester Special Term, overruling’ the defendant’s demurrer to the complaint.

Decided 1908-01-10

Gaynor, J. (concurring):

¶1Three agree to carry 1,000 shares of stock for the defendant for three years, not all to carry the 1,000 shares, however, but each to carry a stated proportion thereof, and the defendant to take .and pay for the same within the three years. This was a several obligation of each to him, and of him to each.

¶2Miller, J., concurred.

¶3Interlocutory judgment affirmed, with costs.

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