Legal Opinion

Bird v. Lanphear

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

Decided December 16, 1896PublishedCited by 1 opinion

Appeal from special term, Brie county. Action by Charles A. Bird in his own behalf and in behalf of others against Earl M. Lanphear, impleaded with others. From an order and interlocutory judgment entered thereon overruling a demurrer to the complaint, defendant appeals.

1Opinion of the CourtHardin, P. J.

Plaintiffs complaint contains extensive and elaborate allegations of fraudulent acts and schemes and devices of the defendants, whereby they have obtained possession of moneys of the plaintiff and others, and induced the plaintiff and others to enter into contracts for the purchase of three parcels of real estate in Tonawanda, Erie county. Plaintiff seeks to have an accounting of the moneys which, he alleges, the defendants have obtained by means of the false and fraudulent representations practiced upon him and his associates. The plaintiff invokes the equitable jurisdiction of the court.…

2Cases cited3 opinions

  1. American Sugar Refining Co. v. FancherNew York Court of Appeals · 1895
  2. Calkins v. . SmithNew York Court of Appeals · 1872
  3. Bird v. LanphearNew York Supreme Court · 1895

3Cited by1 opinion

  1. Rowe v. RoweAppellate Division of the Supreme Court of the State of New York · 1905

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