McDowell v. Volk
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Casper Volk, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Steuben on the 11th day of January, 1909, upon the verdict of a jury, and also from an order entered in said clerk’s office on or about the same day denying the defendant Casper Volk’s motion for a new trial.
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Appeal by the defendant, Casper Volk, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Steuben on the 11th day of January, 1909, upon the verdict of a jury, and also from an order entered in said clerk’s office on or about the same day denying the defendant Casper Volk’s motion for a new trial. Appeal by the plaintiff, Delbert L. .McDowell, from the whole of said judgment, and also from a judgment entered in said clerk’s office on the 7th day of January, 1909, upon the dismissal of the complaint as to the defendant Elizabeth…
1Opinion of the Court
Kruse, P. J.:
The judgment entered upon the directed verdict in favor of the defendant Elizabeth C. Volk should be reversed for the reason that the evidence supports a finding that the sale to her and the transfer and assignment of the bond and mortgage by her were not consummated until after the inventory covered by the bill of sale was made. If false statements of material facts were made by her, as the evidence tends to show, before the transaction was completed, with the intent to cheat and defraud the plaintiff, and relied upon by him in making the sale and taking the assignment of the…
2Cases cited6 opinions
- Krumm v. . BeachNew York Court of Appeals · 1884
- Downey v. . FinucaneNew York Court of Appeals · 1912
- Hubbell v. . MeigsNew York Court of Appeals · 1872
- Kingman v. DunspaughAppellate Division of the Supreme Court of the State of New York · 1897
- Spotten v. De FreestAppellate Division of the Supreme Court of the State of New York · 1910
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