Legal Opinion

Oberlander v. . Spiess

New York Court of Appeals

Decided January 26, 1871PublishedCited by 36 opinions

Appeal from a judgment of the G-eneral Term of the Supreme Court iu the first judicial district, affirming a judgment for the plaintiff entered upon a report of a referee.

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Appeal from a judgment of the G-eneral Term of the Supreme Court iu the first judicial district, affirming a judgment for the plaintiff entered upon a report of a referee. By an agreement dated the 22d January, 1863, the plaintiffs agreed to sell to the defendants two lots in the city of FTew York, worth not less than $4,000, for the sum of $4,100. At the time of making the agreement one of the defendants offered in part payment ($2,000) the bonds of the Logan County Mining and Manufacturing Company of Virginia, at par value. The plaintiffs at first objected to receiving the bonds but,…

1Opinion of the CourtGrover, J.

The counsel for the respondent insists that he was entitled to recover by proving that the representations made by the defendants upon the sale of the bonds to them were false. The bonds in question were those of a corporation organized pursuant to the statutes of yew York, called Logan County Mining and Manufacturing Company of Virginia, having several years to run before maturity, and drawing interest at six per cent, payable semi-annually, at the office of the company in the city of Mew York. Payment of the bonds was secured by á mortgage to a trustee purporting to cover over one hundred…

2Cases cited4 opinions

  1. Bennett v. . JudsonNew York Court of Appeals · 1860
  2. Marsh v. FalkerNew York Court of Appeals · 1869
  3. Grant v. . MorseNew York Court of Appeals · 1860
  4. Doty v. CarolusNew York Court of Appeals · 1865

3Cited by36 opinions

  1. Reno v. . BullNew York Court of Appeals · 1919
  2. Rothschild v. . MackNew York Court of Appeals · 1889
  3. Phillip v. . GallantNew York Court of Appeals · 1875
  4. Hotchkin v. Third National BankNew York Court of Appeals · 1891
  5. Price v. . Oswego and Syracuse R.R. Co.New York Court of Appeals · 1872

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