Forker v. Brown
New York Court of Common Pleas
Appeal from equity term. Action by Howard J. Forker, as receiver of the Rochester & Pittsburgh Railroad Company, against Walsion H. Brown, Frederick A. Brown, and Herbert P. Brown, for an accounting. The complaint was dismissed, and plaintiff appeals. Affirmed.
1Opinion of the CourtBisohoff, J.
No evidence was adduced on the trial, and the complaint was dismissed for insufficiency of the facts alleged to constitute a cause of action. The judgment recites that certain allegations of the complaint (those referring to the construction contract of the railroad company with Brown, Howard & Co.) were waived or withdrawn in open court; but, since the record does not support the judgment in this respect, we are constrained to predicate our decision of the complaint as it was presented to us upon this appeal. Kley v. Healy, 127 N. Y. 555, 28 N. E. 593.
Fraud, in law, is of two kinds,—actual…
2Cases cited26 opinions
- McGourkey v. Toledo & Ohio Central Railway Co.Supreme Court of the United States · 1892
- Graham v. Railroad Co.Supreme Court of the United States · 1880
- The People v. . CookNew York Court of Appeals · 1853
- Marie v. . GarrisonNew York Court of Appeals · 1880
- Wardell v. Railroad Co.Supreme Court of the United States · 1881
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3Cited by10 opinions
- Nasaba Corp. v. Harfred Realty Corp.New York Court of Appeals · 1942
- Quadrozzi Concrete Corp. v. MastroianniAppellate Division of the Supreme Court of the State of New York · 1977
- Parsons v. BalsonWisconsin Supreme Court · 1906
- In re the Probate of the Last Will & Testament of DorrityNew York Surrogate's Court · 1922
- Ziring v. Corrugated Container Corp.New York Supreme Court · 1944
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