Legal Opinion

Roberts v. Johnstown Bank

New York Supreme Court

Decided April 15, 1891PublishedCited by 6 opinions

Appeal from special term, Oneida county. Action by Emma P. Roberts against the Johnstown Bank, Albert E. Blunck, and others. The plaintiff appeals from an order dismissing her complaint, and from an order denying a motion for -a new trial on the ground of newly-discovered evidence.

1Opinion of the CourtMartin, J.

The purpose of this action was to set aside a bond and mortgage executed and delivered by the plaintiff to the defendant Blunck, and by hipi transferred to the Johnstown Bank. The ground upon which the action was sought to be maintained was that the bond and mortgage were obtained by the fraud of the defendant Blunck. The plaintiff alleged in her complaint that the defendant Blunck, with the preconceived design to cheat and defraud the plaintiff and her husband, made certain representations, which were set out and specified in the complaint; that, relying upon such representations, her…

2Cases cited4 opinions

  1. Brown v. . NicholsNew York Court of Appeals · 1870
  2. Shumway v. FowlerNew York Supreme Court · 1809
  3. Matter of Appl'n of N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1882
  4. City Bank of Brooklyn v. . DearbornNew York Court of Appeals · 1859

3Cited by6 opinions

  1. In re Mayer's EstateNew York Supreme Court · 1895
  2. Shute v. JonesNew York Supreme Court · 1893
  3. Cameron v. LeonardAppellate Division of the Supreme Court of the State of New York · 1897
  4. La Vetra v. Fraternal Club Sicania, Inc.City of New York Municipal Court · 1926
  5. Williams v. ClementsNew York Supreme Court · 1892

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