Van Slochem v. . Villard
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 7, 1911, which affirmed an order of Special Term granting a motion for judgment in favor of plaintiff on the pleadings with leave to defendant, appellant, to withdraw his demurrer and serve an answer.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 7, 1911, which affirmed an order of Special Term granting a motion for judgment in favor of plaintiff on the pleadings with leave to defendant, appellant, to withdraw his demurrer and serve an answer. The following question was certified: “Does the complaint state facts sufficient to constitute a cause of action ? ” The nature of the action and the facts, so far as material, are stated in the opinion. The statement printed on the stock certificate that the…
1Opinion of the Court
Cullen, Ch. J.
The action was brought to recover damages for fraudulent representation of the defendant by which the plaintiff was induced to purchase stock of a corporation called the British Columbia Railway and Development Company, of which the defendants were the promoters. The representations charged in the complaint to have been made are that the stock was fully paid, non-assessable and of great value, each of which is charged to have been false and known so to be by the defendants, and to have been made with the intent to cheat and defraud the public or such persons as might purchase…
2Cases cited3 opinions
- Sandford v. HandyNew York Supreme Court · 1840
- Fairchild v. . McMahonNew York Court of Appeals · 1893
- Ellis v. . AndrewsNew York Court of Appeals · 1874
3Cited by26 opinions
- National Conversion Corp. v. Cedar Building Corp.New York Court of Appeals · 1969
- Kinnear v. ProwsUtah Supreme Court · 1932
- Lefferts v. LeffertsAppellate Division of the Supreme Court of the State of New York · 1935
- People ex rel. Greene v. SwaseyNew York Supreme Court · 1924
- Fenwick Et Ux. v. Sullivan Et Ux.Supreme Court of Vermont · 1929
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