Legal Opinion

Prescott v. Guibord

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1932PublishedCited by 1 opinion

1Per curiam

With or without allegations of conspiracy this action is to recover damages for fraud. (Brackett v. Griswold, 112 N. Y. 454, 456; Moore v. Bonbright & Co., Inc., 202 App. Div. 281, 293.) We dealt with this complaint in 221 Appellate Division, 438. We refused to consider the complaint further than required on the then motion to strike out part thereof. We expected that an amended complaint would be drafted and left all further questions to be determined when a complaint in a clearer and more concise form was presented.

No substantial right of any party has been prejudiced by that part of the…

2Cases cited2 opinions

  1. Brackett v. . GriswoldNew York Court of Appeals · 1889
  2. Moore v. Bonbright & Co.Appellate Division of the Supreme Court of the State of New York · 1922

3Cited by1 opinion

  1. Schenck v. Prudential Insurance of America, Inc.New York Supreme Court · 1938

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