Yeomans v. . Bell
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the fifth judicial department, entered June 28, 1894, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the General Term of the Supreme Court in the fifth judicial department, entered June 28, 1894, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff had means at hand of discovering the value of this stock other than the representations of the defendant, and in the negotiations did not use the means of knowledge as a prudent man should have done under the circumstances and cannot now complain, (Chrysler v.…
1Opinion of the CourtO’Brien, J.
It is important at the outset to ascertain the real nature and true character of this action. It is alleged in the complaint that on or about the first day of November, 1887, the plaintiff sold and conveyed his farm to the defendant for the consideration of $20,600, and it appears that the consideration was paid by the defendant in property or obligations. He assumed two mortgages then upon the farm. He gave his notes for a part of the price, and transferred fifty shares of stock in a manufacturing corporation to the plaintiff at par in lieu of $5,000 of the purchase money, and the balance…
2Cases cited11 opinions
- Gould v. . Cayuga County National BankNew York Court of Appeals · 1881
- Masson v. BovetCourt for the Trial of Impeachments and Correction of Errors · 1845
- Vail v. . ReynoldsNew York Court of Appeals · 1890
- Gould v. Cayuga County National BankNew York Court of Appeals · 1885
- Krumm v. . BeachNew York Court of Appeals · 1884
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Fagan v. HookSupreme Court of Iowa · 1905
- Wollenberger v. HooverIllinois Supreme Court · 1931
- Montgomery v. McLauryCalifornia Supreme Court · 1904
- Hill v. International Products Co.New York Supreme Court · 1925
- Shaw v. ShawSupreme Court of Vermont · 1926
3 more not listed; retrieve them via the Exa API.