Legal Opinion

Curtis v. . Albee

New York Court of Appeals

Decided June 4, 1901PublishedCited by 45 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 1, 1900, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought to so reform an assignment of a chose in action as to state that the amount of the claim assigned was $1,191.28, instead of $2,036.54, as stated in the written instrument, and for other relief.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 1, 1900, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought to so reform an assignment of a chose in action as to state that the amount of the claim assigned was $1,191.28, instead of $2,036.54, as stated in the written instrument, and for other relief. The facts, as found by the trial court, were substantially as follows: On the 12th of December, 1896, Sidney B. Roby, then of the city of…

1Opinion of the CourtVann, J.

At the time of the sale'by auction the plaintiff owned a claim against Hoffman & Company for only $1,191.28, yet by his representation that it amounted to $2,036.54 he induced the defendant to purchase it as a demand for that amount, and gave him a written assignment describing it as a claim upon which that amount was unpaid. He has procured a judgment reforming the assignment by reducing to the smaller sum named a claim which, as he represented, was for the larger sum and which he so described in a written instrument that was the only legal evidence of the transaction between the parties.…

2Cases cited10 opinions

  1. Snell v. Insurance Co.Supreme Court of the United States · 1878
  2. Albany City Savings Institution v. . BurdickNew York Court of Appeals · 1881
  3. Born v. . SchrenkeisenNew York Court of Appeals · 1888
  4. Pitcher v. . HennesseyNew York Court of Appeals · 1872
  5. Paine v. . UptonNew York Court of Appeals · 1882

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3Cited by45 opinions

  1. George Backer Management Corp. v. Acme Quilting Co.New York Court of Appeals · 1978
  2. Amend v. HurleyNew York Court of Appeals · 1944
  3. William P. Pahl Equipment Corp. v. KassisAppellate Division of the Supreme Court of the State of New York · 1992
  4. Salomon v. North British & Mercantile InsuranceNew York Court of Appeals · 1915
  5. Russell v. Shell Petroleum CorporationCourt of Appeals for the Tenth Circuit · 1933

40 more not listed; retrieve them via the Exa API.

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