Mayer v. Ertheiler
Appellate Division of the Supreme Court of the State of New York
Appeal by Bella Ertheiler and another, as executors, etc., ■from an order of the Supreme Court, made at the New York Special Term and enteijed in the office of the clerk of the county of New York on the 12th day of December, 1910, reviving and. continuing an action algainst the appellants as executors, etc., of James Ertheiler, deceased.
1Opinion of the Court
Miller, J.:
This is an action for fraud and deceit. It is alleged that the appellants’ testator, a tobacco broker, induced the plaintiffs to sell a quantity of tobacco by falsely representing that the vendees were financially responsible.
Section 120 of the Decedent Estate Law (Consol. Laws, chap. 13 [Laws of 1909, chap. 18], added by Laws of 1909, chap. 240), which was practically a re-enactment of the Revised Statutes (2 R. S. 447, §1; Id. 448, § 2), provides as follows: “Eor wrongs done to the property, rights or interests of another, for which an action might be maintained against the…
2Cases cited4 opinions
- Zabriskie v. . SmithNew York Court of Appeals · 1855
- Hegerich v. . KeddieNew York Court of Appeals · 1885
- Haight v. . HaytNew York Court of Appeals · 1859
- Keeler v. DunhamAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by5 opinions
- Dennin v. PowersNew York Supreme Court · 1916
- German-American Coffee Co. v. JohnstonAppellate Division of the Supreme Court of the State of New York · 1915
- Timian v. WhelanNew York Supreme Court · 1926
- Aldridge v. StoutCourt of Appeals of Texas · 1931
- Aldridge v. StoutCourt of Appeals of Texas · 1931