2 Misc. 132
The Superior Court of New York City
Decided January 15, 1893
The Superior Court of New York City · decided 1893-01-15
Tlie jfiaintiff, Peter DeLacy, brings this action to compel the specific performance by defendants of an agreement to deliver to him his distributive share of $1,000,000, the capital stock of the defendant Rapid Transit and Bridge Construction Company and the repayment of the sum of $9,500 and other relief.
Cited by 1 later decisions — most recently December 1959
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1893-01-15
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¶1I concur. The action not being for an accounting and the recovery of a balance upon facts to be ascertained, but for the recovery of a definite and specific share, the facts upon which the plaintiff is entitled to such share should have been set forth. The complaint fails to allege sufficient facts for that purpose.
¶2Judgment accordingly.