Curtis v. . Albee
New York Court of Appeals
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
- Snell v. Insurance Co.Supreme Court of the United States · 1878
- Albany City Savings Institution v. . BurdickNew York Court of Appeals · 1881
- Born v. . SchrenkeisenNew York Court of Appeals · 1888
- Pitcher v. . HennesseyNew York Court of Appeals · 1872
- Paine v. . UptonNew York Court of Appeals · 1882
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3Cited by45 opinions
- George Backer Management Corp. v. Acme Quilting Co.New York Court of Appeals · 1978
- Amend v. HurleyNew York Court of Appeals · 1944
- William P. Pahl Equipment Corp. v. KassisAppellate Division of the Supreme Court of the State of New York · 1992
- Salomon v. North British & Mercantile InsuranceNew York Court of Appeals · 1915
- Russell v. Shell Petroleum CorporationCourt of Appeals for the Tenth Circuit · 1933
40 more not listed; retrieve them via the Exa API.