Second National Bank v. Curtiss
Appellate Division of the Supreme Court of the State of New York
. Appeal by the defendants, Benjamin D. F. Curtiss and another, as executors, etc., of Charles Curtiss, deceased, from a judgment of the Court of Common Pleas for the city and county of New York in favor of the plaintiff entered upon the report of a referee. The action was brought to recover damages for false representations made by the defendants’ testator by his signing as a witness an assignment to the plaintiff of stock in a street railroad company.
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. Appeal by the defendants, Benjamin D. F. Curtiss and another, as executors, etc., of Charles Curtiss, deceased, from a judgment of the Court of Common Pleas for the city and county of New York in favor of the plaintiff entered upon the report of a referee. The action was brought to recover damages for false representations made by the defendants’ testator by his signing as a witness an assignment to the plaintiff of stock in a street railroad company. The transaction complained of occurred April 27, 1887 The plaintiff was a national bank doing business in New York city. The Forty-second…
1Opinion of the Court
Williams, J.:
The action was based upon the allegation of fraud and the decision found that there was fraud. The only representation made by the defendants’ testator was by means of the act of subscribing his name as a witness to the assignment of the stock. That act was a statement and representation by the testator,-in effect, that the signature to the assignment was made by Westfall in the testator’s presence, or was acknowledged by Westfall in testator’s presence, to be his (Westfall’s) signature, and that the testator thereupon at West-fall’s request wrote his name as witness thereto.…
2Cases cited1 opinion
- Kountze v. . KennedyNew York Court of Appeals · 1895
3Cited by5 opinions
- Mendenhall v. StewartIndiana Court of Appeals · 1897
- United States v. BrownDistrict Court, S.D. New York · 1933
- McCray Refrigerator Co. v. UramotoNevada Supreme Court · 1963
- Carpenter v. WitbeckAppellate Division of the Supreme Court of the State of New York · 1927
- Ottinger v. BennettAppellate Division of the Supreme Court of the State of New York · 1911