Fitzpatrick v. . Woodruff
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Few York, entered upon an order made June 6, 1882, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover the amount paid by plaintiff to def endant for certain bonds of the Erie and Genesee Valley Railroad Company. The road of said company had been leased to defendant, and he had guaranteed to the company the ultimate payment of said bonds.
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Appeal from judgment of the General Term of the Superior Court of the city of Few York, entered upon an order made June 6, 1882, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover the amount paid by plaintiff to def endant for certain bonds of the Erie and Genesee Valley Railroad Company. The road of said company had been leased to defendant, and he had guaranteed to the company the ultimate payment of said bonds. Plaintiff’s testimony was to the effect that he purchased the bonds in December, 1872, in reliance upon an. agreement on the…
1Opinion of the CourtHiller, J.
The plaintiff’s recovery in this action is based upon the ground that he was induced to purchase certain railroad bonds, the ultimate payment of which was guaranteed by the defendant to the railroad company and not to others at maturity. The evidence of the plaintiff upon the trial tended to show that the defendant, immediately prior to the purchase of the bonds, promised him that if at any time he became dissatisfied with the bonds, he, the defendant, would take them back on thirty days notice and return the money paid by the plaintiff for them with interest; that the plaintiff had no…
2Cases cited1 opinion
- Wooster v. . SageNew York Court of Appeals · 1876
3Cited by31 opinions
- People v. ChurchillNew York Court of Appeals · 1979
- Simpson & Harper v. Sanders & JenkinsSupreme Court of Georgia · 1908
- Shotwell v. . DixonNew York Court of Appeals · 1900
- Joffrion v. GumbelSupreme Court of Louisiana · 1909
- Marino v. Town of RamapoNew York Supreme Court · 1971
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