Roessle v. Lancaster
Appellate Division of the Supreme Court of the State of New York
Appeal by the. defendant, Frederick J. Lancaster, from, a judgment of the Supreme Gourt in favor of the plaintiff, entered.in the office of the clerk of the county of New York on the 28th day of February, 1907,-upon the verdict of a jury rendered by direction of the court after a trial at the New York Trial Term, and also from an order entered in said clerk’s office on "the 28th day of February, 19P7, denying the defendant’s motion for a new trial made upon, the minutes. .
1Opinion of the Court
Scott, J.:
This action is against defendant as indorser of a promissory note made by Albert K. Keen to plaintiff. The making of the note and plaintiff’s, titje are admitted. x
The defense upon which defendant relies is that he was induced to become an indorser through false arid fraudulent representations made to him by plaintiff, and that but for such representations, which he believed to be true, he would not have indorsed the note.
The answer contains no allegation of rescission or offer to rescind, and there is no statement or allegation of damage* At the trial on the answer and the…
2Cases cited4 opinions
- Brackett v. . GriswoldNew York Court of Appeals · 1889
- Ross v. JonesSupreme Court of the United States · 1875
- Moore v. AlexanderAppellate Division of the Supreme Court of the State of New York · 1901
- Ripley v. HazeltonNew York Court of Common Pleas · 1870
3Cited by4 opinions
- Steinert v. Van AkenAppellate Division of the Supreme Court of the State of New York · 1914
- Wiesenthal v. KraneAppellate Division of the Supreme Court of the State of New York · 1929
- Roessle v. LancasterAppellate Division of the Supreme Court of the State of New York · 1909
- Roth v. BaumAppellate Terms of the Supreme Court of New York · 1915