Legal Opinion

Fleischman v. Plock

Appellate Terms of the Supreme Court of New York

Decided March 15, 1897PublishedCited by 16 opinions

Appeal from judgment rendered by the justice of the ¡Ninth Judicial District Court in favor of the plaintiff.

1Opinion of the CourtBischoff, J.

The plaintiff .sued upon a check given him by the defendant as earnest upon and partial consideration for an agreement by the former to sell or assign to the latter a contract held by him for the purchase of certain real estate, the defendant having stopped payment of the check and having refused to complete the transaction, basing his refusal upon alleged misrepresentations as to the state of the property, made by the plaintiff at the time when the agreement was entered into and the check delivered. '.

Ample evidence was given for the plaintiff to rebut the defendant’s proofs touching the…

2Cases cited5 opinions

  1. Abbott v. DraperNew York Supreme Court · 1847
  2. Raubitschek v. . BlankNew York Court of Appeals · 1880
  3. McGowen v. WestSupreme Court of Missouri · 1842
  4. Gillespie v. BattleSupreme Court of Alabama · 1849
  5. Allis v. . ReadNew York Court of Appeals · 1871

3Cited by16 opinions

  1. Graham v. HealyAppellate Division of the Supreme Court of the State of New York · 1912
  2. Brune v. Vom LehnNew York Supreme Court · 1920
  3. Phelan v. CareySupreme Court of Minnesota · 1946
  4. Palmer v. GoldenAppellate Division of the Supreme Court of the State of New York · 1927
  5. Palmer v. GoldenNew York Supreme Court · 1926

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