Legal Opinion

Vail v. . Reynolds

New York Court of Appeals

Decided January 14, 1890PublishedCited by 116 opinions

Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made December 31, 1886, which affirmed a judgment in favor of plaintiff, entered upon a verdict and affirmed an order denying a motion for a new trial. The nature of the action and the facts are sufficiently stated in the opinion.

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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made December 31, 1886, which affirmed a judgment in favor of plaintiff, entered upon a verdict and affirmed an order denying a motion for a new trial. The nature of the action and the facts are sufficiently stated in the opinion. In an action to recover damages for deceit in the sale of property, the false representations must be material to the pecuniary value of the property. They must be of such nature that their truth or falsity would affect the intrinsic character and…

1Opinion of the CourtBrown, J.

The plaintiff sued the defendant to recover damages sustained by fraudulent representations inducing the purchase of stock of the Cisco Consolidated Gold Mining Company and had a judgment in her favor, which has been affirmed at the General Term.

We think there was ample testimony to justify the submission of the case to the jury, and the exception to the denial of the motion to dismiss the complaint need not be further alluded to.

The principal question on this appeal arises upon an exception to the charge upon the measure of damages.

The learned trial judge very fully and carefully instructed…

2Cases cited6 opinions

  1. Gould v. . Cayuga County National BankNew York Court of Appeals · 1881
  2. Winchell v. . HicksNew York Court of Appeals · 1859
  3. Krumm v. . BeachNew York Court of Appeals · 1884
  4. Allerton v. . AllertonNew York Court of Appeals · 1872
  5. Trustees of East Hampton v. . KirkNew York Court of Appeals · 1877

1 more not listed; retrieve them via the Exa API.

3Cited by116 opinions

  1. Reno v. . BullNew York Court of Appeals · 1919
  2. Callanan v. . K., A.C. L.C.R.R. Co.New York Court of Appeals · 1910
  3. Clearview Concrete Products Corp. v. S. Charles Gherardi, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
  4. Sager v. FriedmanNew York Court of Appeals · 1936
  5. Brock v. . PoorNew York Court of Appeals · 1915

111 more not listed; retrieve them via the Exa API.

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