Wlllink v. Vanderveer
New York Supreme Court
In Equity. This was an appeal from a decree of the former assistant vice chancellor of the first circuit, dismissing the plaintiff’s bill. The nature of the case, and the facts therein as stated in the pleadings, and established by the proofs, appear suificiently from the opinion of the court.
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In Equity. This was an appeal from a decree of the former assistant vice chancellor of the first circuit, dismissing the plaintiff’s bill. The nature of the case, and the facts therein as stated in the pleadings, and established by the proofs, appear suificiently from the opinion of the court. The bill prayed for an account and for payment by the defendant to. the plaintiff, of all sums paid to him by the plaintiff over and above his share or proportion of the actual purchase money of the premises; and also for an account of the. avails of the wood land and meadow, and for the payment to the…
1Opinion of the Court
By the Court, Barculo, J.
The case presents for our consideration two questions; one of fact, and one of law.
The first is, whether the defendant, by false and fraudulent representations, obtained and appropriated to his own use, several thousand dollars of the plaintiff’s money. To decide this, it will be necessary to look carefully through the pleadings and proofs.
The bill states that in the spring of 1835, the defendant applied to the plaintiff and one Vasques to join him in the purchase of certain lands at Flatbush. To which they, confiding in his judgment, assented, and authorized him to…
2Cited by14 opinions
- Nasaba Corp. v. Harfred Realty Corp.New York Court of Appeals · 1942
- Quadrozzi Concrete Corp. v. MastroianniAppellate Division of the Supreme Court of the State of New York · 1977
- New York Trust Co. v. American Realty Co.New York Court of Appeals · 1926
- Walker v. Pike County Land Co.Court of Appeals for the Eighth Circuit · 1905
- Ziring v. Corrugated Container Corp.New York Supreme Court · 1944
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