Prout v. Chisolm
New York Supreme Court
Appeal from circuit court, Kings county. Action by Moses P. Prout against Alexander K. Chisolm and another. The complaint was dismissed, and plaintiff appeals.
1Opinion of the CourtDykman, J.
This is an appeal from a judgment entered upon the dismissal of the plaintiff’s complaint at the circuit, and also from an order denying a motion for a new trial on the minutes of the court.
At the close of the testimony on the part of the plaintiff, the trial judge, upon a motion for a dismissal of the plaintiff’s complaint, stated that the question he was called upon to determine was whether the evidence was sufficient for the jury to find that there was fraud practiced; and he dismissed the complaint, holding that the evidence was insufficient to permit a recovery for money had and…
2Cases cited7 opinions
- Bell v. . MerrifieldNew York Court of Appeals · 1888
- Conaughty v. . NicholsNew York Court of Appeals · 1870
- Byxbie v. . WoodNew York Court of Appeals · 1862
- People Ex Rel. Comaford v. . DutcherNew York Court of Appeals · 1880
- Ledwich v. . McKimNew York Court of Appeals · 1873
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Prout v. ChisolmAppellate Division of the Supreme Court of the State of New York · 1897
- In re MillingtonNew York Supreme Court · 1947
- Shotland v. MulliganAppellate Terms of the Supreme Court of New York · 1908
- Haight v. Haight & Freese Co.New York Supreme Court · 1905