Bates v. Merrick
New York Supreme Court
Appeal from an order of the Special Term, overruling a demurrer to the complaint in this action. The action was brought to recover for a fraud perpetrated by the defendant upon these plaintiffs by inducing them to become sureties to an undertaking given upon an appeal to the Court of Appeals. The facts are stated in the opinión.
1Opinion of the Court
Miller, P. J.:
This case arises upon an appeal from an order of the Special Term, overruling a demurrer to the plaintiff’s complaint. Various objections are urged to the complaint, which it is essential to examine. It is said that the complaint does not state that any judgment was in fact recovered in any court of the State of Hew York. I think that the complaint contains averments from which such fact is a legitimate inference. It avers an intent to cheat, deceive and defraud the plaintiffs, by inducing them to sign and deliver an undertaking, on an appeal from a judgment of the Supreme Court…
2Cases cited1 opinion
- Forrest v. . HavensNew York Court of Appeals · 1868