Kosobucki v. McGarry

The opinion of the court was delivered by

Parker, J.

The action was to recover back the sum of $2,500, which plaintiff claimed he had been induced to part with, by false and fraudulent misrepresentations of the defendants. The complaint alleged that defendants represented that as a syndicate they had obtained an option on a hotel property, and had resold their option at a considerable profit, in which plaintiff could participate by contributing his $3,500 to the fund required to perfect the option; that plaintiff, relying on these representations, did so contribute; but that, in fact, the…