Peterson v. Kirby
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Hugh Lee Kirby, 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 12th day of January, 1920, as resettled by an order entered on the 11th day of March, 1920, denying the defendant's motion to vacate an order of arrest.
1Opinion of the Court
Smith, J.:
The order of arrest was granted upon allegations of fraud, in the making of representations relative to a West Virginia syndicate in which the defendant was interested. The defendant concedes in the argument that sufficient is stated in the pleadings and in the affidavits to show prima facie fraudulent representations upon bis part. The only defense which he urges as a ground for this motion is that the plaintiff has not shown that he has been damaged by this fraud.
Upon the question of damage the plaintiff claims to have been damaged in the sum of $15,000. Most, if not all of the…
2Cited by3 opinions
- Burns v. NewmanAppellate Division of the Supreme Court of the State of New York · 1948
- Gould v. GouldNew York Supreme Court · 1975
- Todd-Buick, Inc. v. SmithNew York Supreme Court · 1922