Madden v. Rosseter

187 N.Y.S. 462 (1921)

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Nature of the Case

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Facts

P is a resident of New York, and D is a resident of California. Each owned a half interest in a stallion called Friar Rock. Under the agreement of sale that was written in 1918, D was to have possession of the horse in California during the 1919-20 season. P was then to have the horse for use in Kentucky during the 1921-22 season. The 1921 season was just about to begin, and D refused to deliver the horse. P sued to force the contract to be performed. Personal service and summons were effected upon D in New York, and he appeared by his attorneys. P asked for a mandatory injunction and the appointment of a receiver to go to California to see that the horse was shipped.