Kley v. . Healy
New York Court of Appeals
Appeal from order of the General Term of the Court of Common Pleas for the city and’eounty of Hew York, made and entered June 11,- 1894, which reversed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granted a new trial.
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Appeal from order of the General Term of the Court of Common Pleas for the city and’eounty of Hew York, made and entered June 11,- 1894, which reversed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granted a new trial. This action was brought in equity to cancel the satisfaction of a judgment, a general release and the countermand of an execution, executed by the plaintiff; upon the ground that such instruments were obtained from her by fraudulent representations. These fraudulent representations were alleged in the complaint to have been…
1Opinion of the CourtGray, J.
The finding of fact by the trial court with respect to the representations made by the defendant to the plaintiff, in order to procure from her the instruments in settlement of their differences, which are the subject of this action, is in the alternative, viz.: that the defendant was interested, or was about to become interested, as a co-partner in the firm of Higgins & Co. The allegation of the complaint was that the defendant represented to the plaintiff that he was interested as a co-partner in the firm of Higgins & Co. The finding of fact is, therefore, not as the fact was alleged in the…
2Cases cited1 opinion
- Kley v. . HealyNew York Court of Appeals · 1891
3Cited by11 opinions
- Continental Securities Co. v. . BelmontNew York Court of Appeals · 1912
- Halpin v. Mutual Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Pritz v. JonesAppellate Division of the Supreme Court of the State of New York · 1907
- Raile v. Peerless American Products Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Fox v. DuffyAppellate Division of the Supreme Court of the State of New York · 1904
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