Tudor v. Ebner
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William Tudor, from an interlocutory judgment of the Supreme Court, entered in the office of the clerk, of the county of New York on the 5th day of April, 1905, upon the-decision of the court, rendered after a trial at the New York Special Term, overruling the plaintiff’s demurrer to the second defense contained in .the defendant’s answer.
1Opinion of the Court
Laughlin, J. :
This is an action to recover damages for false and fraudulent representations by the defendant, who was the president and manager of the Windham Bay Gold Mining- Company, concerning the assets and financial condition of the company, whereby the plaintiff was induced to purchase a large number of shares of its capital stock. The second defense, to which the demurrer was interposed, alleges that at all the times mentioned in the complaint and at the time of the commencement of the action the plaintiff and defendant were nonresidents of the State of Mew York, the former being a…
2Cases cited1 opinion
- Miller v. . WoodNew York Court of Appeals · 1889
3Cited by2 opinions
- Devoe v. LutzAppellate Division of the Supreme Court of the State of New York · 1909
- Tudor v. EbnerAppellate Division of the Supreme Court of the State of New York · 1905