Lyon v. Hussey
New York Supreme Court
Appeal from special term, New York county. Action by James E. Lyon against Warren Hussey. From a judgment entered on a decision sustaining a demurrer and dismissing the complaint, plaintiff appeals.
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Appeal from special term, New York county. Action by James E. Lyon against Warren Hussey. From a judgment entered on a decision sustaining a demurrer and dismissing the complaint, plaintiff appeals. The opinion of Mr. Justice O’BRIEN at special term is as follows: The complaint alleges that the defendant was the owner of certain shares of stock which, by false representations, he was induced to give an option upon; that plaintiff, subsequently meeting defendant, informed him of the fraud that had been perpetrated upon him to induce him to part with his stock, which the complaint alleges was…
1Opinion of the CourtVan Brunt, P. J.
It may not be necessary to add anything to the opinion which was handed down upon the decision of the demurrer in the court below; but it may be proper to call attention to the fact that part of the contract, damages for the breach of which this action was brought to recover, was to furnish evidence to establish the claim of the defendant in a litigation to be commenced. It is clear that such a contract is against public policy. The recognition of contracts of this character would be the introduc*283tion of all sorts of fraud and deception in proceedings before courts of justice, in order that…
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