Kley v. Healy
New York Court of Common Pleas
Appeal from trial term. Action by Anna C. Kley against John W. Healy to cancel a satisfaction of a judgment, a release, and a countermand of' execution, on the ground that they were procured by fraud. There was a judgment in favor of plaintiff, and defendant appeals.
1Opinion of the CourtPryor, J.
The action is in equity, to cancel a satisfaction of judgment, a release, and a countermand of execution, on the ground that they were procured by the fraudulent misrepresentation of the defendant. The misrepresentation imputed to the defendant in the complaint is “that he was interested, as a copartner, in the mercantile house or firm of E. S. Higgins & Co., and that if the recovery of said judgment became known to his said copartners they would dissolve their said copartnership with him, eject him from said business, and entail upon him financial ruin; that his said interest in said…
2Cases cited18 opinions
- Sawyer v. PrickettSupreme Court of the United States · 1874
- Oberlander v. . SpiessNew York Court of Appeals · 1871
- Douglass v. . FerrisNew York Court of Appeals · 1893
- Bailey v. . RyderNew York Court of Appeals · 1852
- Reed v. . McConnellNew York Court of Appeals · 1892
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3Cited by3 opinions
- Construction Reporter Co. v. CrowninshieldAppellate Terms of the Supreme Court of New York · 1896
- Kress v. WoehrleAppellate Terms of the Supreme Court of New York · 1898
- Pritz v. JonesAppellate Division of the Supreme Court of the State of New York · 1907