Downey v. Finucane
Appellate Division of the Supreme Court of the State of New York
. Appeal by the defendants, Thomas W., Finucane and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the' county of Monroe on the 14th day of October, 1910, upon the verdict of a jury for $1,212.93; also from an order entered in said clerk’s office on the 27th day of September, 1910, denying the said defendants’ motion for' a new trial made upon the minutes, and also from an order entered on the 3d day of October,…
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. Appeal by the defendants, Thomas W., Finucane and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the' county of Monroe on the 14th day of October, 1910, upon the verdict of a jury for $1,212.93; also from an order entered in said clerk’s office on the 27th day of September, 1910, denying the said defendants’ motion for' a new trial made upon the minutes, and also from an order entered on the 3d day of October, 1910, denying the said defendants’ motion for a new trial upon the ground of misconduct on the part of the plaintiff’s…
1Opinion of the Court
Kruse, J.:
The action is for fraud and deceit. The plaintiff had a verdict and the defendants appeal. The primary questions presented by the appeal are (1) whether actionable fraud was • established; (2) whether such' of the defendants as were personally free from wrongdoing are liable for the misconduct of the others; and.generally whether the trial was fair and free from prejudicial error.
The plaintiff purchased certain bonds and stock, relying, ' as he claims, upon the statements contained in- a prospectus. It is contended by him that the statements were untrue and of such a character, and…
2Cases cited1 opinion
- In re the New York Independent Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1909
3Cited by4 opinions
- Roessle v. RoessleAppellate Division of the Supreme Court of the State of New York · 1914
- Bloomquist v. FarsonNew York Supreme Court · 1915
- Lane v. FennAppellate Division of the Supreme Court of the State of New York · 1911
- McDowell v. VolkAppellate Division of the Supreme Court of the State of New York · 1914