Looff v. . Lawton
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 14, 1880, which affirmed a judgment in favor of plaintiffs entered upon a verdict. The nature of the action and the material facts are stated in the opinion. To entitle plaintiffs to recover treble damages, the nature of defendant’s deceit must be such as would make him guilty of a misdemeanor.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 14, 1880, which affirmed a judgment in favor of plaintiffs entered upon a verdict. The nature of the action and the material facts are stated in the opinion. To entitle plaintiffs to recover treble damages, the nature of defendant’s deceit must be such as would make him guilty of a misdemeanor. (Golschens v. Matheson, 58 Barb. 152.) The deceit referred to in the statutes must consist of false and fraudulent representations of matters of fact and not of matters…
1Opinion of the CourtMiller, J.
The plaintiffs, in their complaint in this action, claim to recover damages of the defendant for malpractice as an attorney and counselor of the Supreme Court.
The complaint alleges that the defendant advised the plaintiffs, who held title to certain real estate and were owners thereof as tenants in common, that they were not competent to convey said real estate and could not give a good title thereof to one of their number, who was desirous of purchasing the same at a price which was agreed upon, and that the best, shortest, and cheapest manner of accomplishing the object in view was by a…
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