Bowen v. . Mandeville
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made January 2o, 1883, which reversed an order of Special Term, denying a motion for a new trial, and granted such motion. (Reported below, 29 Him, 42.) This action was originally brought - by Adna Bowen, the present plaintiff’s testator, to recover damages for alleged fraud in' the sale by defendant to plaintiff’s testator of a bond and mortgage.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made January 2o, 1883, which reversed an order of Special Term, denying a motion for a new trial, and granted such motion. (Reported below, 29 Him, 42.) This action was originally brought - by Adna Bowen, the present plaintiff’s testator, to recover damages for alleged fraud in' the sale by defendant to plaintiff’s testator of a bond and mortgage. The complaint alleged in substance that said Bowen w-as induced to purchase by means of false and fraudulent representations on the part of defendant as…
1Opinion of the Court
Ruger, Ch. J.
It is claimed that fraudulent representations as to the value and condition of mortgaged premises were made by the defendant to the plaintiff, upon the sale and transfer by the former to the latter of a certain bond and mortgage covering such premises. Upon the sale the defendant also guaranteed the payment of the amount secured by the bond and mortgage.
This action is brought to recover judgment for the damages claimed to have been suffered by the plaintiff, owing to the alleged fraud.
It is insisted by the defendant that the action is barred by the former recovery of two…
2Cases cited5 opinions
- Whitney v. AllaireNew York Supreme Court · 1847
- Lloyd v. BrewsterNew York Court of Chancery · 1834
- Bank of Beloit v. . BealeNew York Court of Appeals · 1866
- Rice v. KingNew York Supreme Court · 1810
- Morgan v. SkidmoreNew York Supreme Court · 1869
3Cited by44 opinions
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- New York Land Improvement Co. v. ChapmanNew York Court of Appeals · 1890
- Talcott v. FriendCourt of Appeals for the Seventh Circuit · 1909
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