Newgent v. Alsberg
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, G-eorge M. Newgent and another, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 30th day of March, 1916, granting defendant’s motion for judgment on the pleadings consisting of a complaint, answer and demurrer thereto, and also from the judgment entered in said clerk’s office on the 3d day of April, 1916, pursuant to said order, with notice of an intention…
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Appeal by the plaintiffs, G-eorge M. Newgent and another, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 30th day of March, 1916, granting defendant’s motion for judgment on the pleadings consisting of a complaint, answer and demurrer thereto, and also from the judgment entered in said clerk’s office on the 3d day of April, 1916, pursuant to said order, with notice of an intention to bring up for review an interlocutory judgment entered in said clerk’s office on the 18th day of January, 1916,…
1Opinion of the Court
Scott, J.:
This is an action at law to recover damages because the plaintiffs, as they allege, were induced by false and fraudulent representations on the part of defendant to enter into a copartnership with him whereby as they say they suffered considerable loss. The separate defenses involved in this appeal set up as a plea in bar a judgment in an action in equity heretofore brought by defendant against plaintiffs for a dissolution of the copartnership and an accounting. That action proceeded to judgment, a dissolution was ordered and the plain-stiffs were found liable to defendant for…
2Cases cited2 opinions
- Brown v. . GallaudetNew York Court of Appeals · 1880
- Meyerhoffer v. BakerAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by2 opinions
- Robinson v. WhitakerAppellate Division of the Supreme Court of the State of New York · 1923
- Oswalt v. CronkSupreme Court of Iowa · 1922