Legal Opinion

Ettlinger v. Weil

Appellate Division of the Supreme Court of the State of New York

Decided May 15, 1904PublishedCited by 6 opinions

Appeal by the defendants, Jonas Weil and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 8th day of January, 1903, upon the verdict of a jury for $6,000, and also from an order entered in said clerk’s office on the 3d day of February, 1903, denying the defendants’ motion for a new trial made upon the minutes.

1Opinion of the Court

McLaughlin, J.:

This action was brought to recover damages for alleged false representations as to rentals in the sale of real estate.

The complaint alleged in substance that the defendants induced the plaintiff to purchase a building in the city of New York by falsely and fraudulently representing that a store in it was leased to the firm of Carroll & Co. for a period of two years at a rental of $13,000 per year," when, in fact, it was only rented for $10,500 per year, and by reason of such false and fraudulent representations, upon which the plaintiff relied, he had sustained damage in the…

2Cases cited6 opinions

  1. Albany City Savings Institution v. . BurdickNew York Court of Appeals · 1881
  2. Arthur v. . GriswoldNew York Court of Appeals · 1874
  3. Krumm v. . BeachNew York Court of Appeals · 1884
  4. Hall v. . NaylorNew York Court of Appeals · 1859
  5. Wilcox v. American Telephone & Telegraph Co.New York Court of Appeals · 1903

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3Cited by6 opinions

  1. In re MerrillAppellate Division of the Supreme Court of the State of New York · 1926
  2. Greene v. Mercantile Trust Co.New York Supreme Court · 1908
  3. In re the Estate of DaleNew York Surrogate's Court · 1936
  4. Mills v. BrillAppellate Division of the Supreme Court of the State of New York · 1905
  5. Ettlinger v. WeilAppellate Division of the Supreme Court of the State of New York · 1909

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