Bell v. James
Appellate Division of the Supreme Court of the State of New York
Appeal by- the plaintiff, Richard M. Bell, from a judgment of the Supreme Court in favor of. certain of the defendants, entered in the office of the clerk of the county of Queens on the 22d day of April,1908, upon the decision of the court rendered after a trial at the Queens County Trial Term, a jury having, been waived, and also from an order entered in said clerk’s office on the 12th day of May, 1908, amending the decision filed herein.
1Opinion of the Court
Woodward, J.:
This action was-brought by a stockholder of the Anglo-American Savings and Loan Association against the former directors of tlie association, the theory of the action being that the directors entered into a conspiracy or concert of action for the purpose, of putting out false statements as to ■ the affairs of the association, which induced the plaintiff and others to invest their money, and to keep the same invested, at a time when the association was, in fact, insolvent. In. other words, the action is one at common law for deceit, and in actions of this character the “ gravamen…
2Cases cited4 opinions
- Traders' National Bank v. ParkerNew York Court of Appeals · 1892
- Berger v. . VarrelmannNew York Court of Appeals · 1891
- Lyon v. JamesAppellate Division of the Supreme Court of the State of New York · 1904
- Lyon v. . JamesNew York Court of Appeals · 1905
3Cited by3 opinions
- Lane v. FennNew York Supreme Court · 1909
- Hotaling v. A. B. Leach & Co.City of New York Municipal Court · 1926
- Downey v. FinucaneAppellate Division of the Supreme Court of the State of New York · 1911