Legal Opinion

Douglass v. Richards

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

Decided November 14, 1906PublishedCited by 4 opinions

.'.Appeal by:the defendantsyBarah A--Richards and another, from a judgment of-.the> Supreme -Gourt ih.iayor¿of the-(plaintiff, entered of April, 1904,. upon the decision' of the court, rendered after a trial at. the Madison. Trial Term,.the .jury having been discharged, both . parties having requested the direction of a verdict. The action.was to recover upon a promissory note of $1,000 and interest, given by the defendants to the plaintiff.

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.'.Appeal by:the defendantsyBarah A--Richards and another, from a judgment of-.the> Supreme -Gourt ih.iayor¿of the-(plaintiff, entered of April, 1904,. upon the decision' of the court, rendered after a trial at. the Madison. Trial Term,.the .jury having been discharged, both . parties having requested the direction of a verdict. The action.was to recover upon a promissory note of $1,000 and interest, given by the defendants to the plaintiff. The plaintiff and his partner owned the Ideal Manufacturing Company and desired to sell the same. As the defendant L. B. Richards understood, it was-sold…

1Opinion of the Court

Kellogg, J.:

It is apparent that the property was offered for sale at $4,000 and that- the sale was really made at that price, but by collusion between the plaintiff and Newell the price was fixed af$6,000 .to the defendant Richards, and lie was induced to give the note in suit ' by tlie false representations and. suppression of the facts by Newell and the plaintiff. The $2,000 cheek which the defendant Richards *29gave did in fact pay for the half of the business which he purchased, and by the collusion between Newell and the plaintiff the note in suit was obtained by the plaintiff without…

2Cited by4 opinions

  1. Lowe v. HendrickSupreme Court of Connecticut · 1913
  2. Aronowitz v. WoollardAppellate Division of the Supreme Court of the State of New York · 1915
  3. Maybee v. SullivanAppellate Division of the Supreme Court of the State of New York · 1916
  4. Land Finance Corporation v. FitzgeraldSupreme Court of Connecticut · 1927

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