France & Canada Steamship Corp. v. Berwind-White Coal Mining Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Berwind-White Coal Mining Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on.the 1st day of August, 1918, overruling the demurrer to the amended complaint brought on as a contested motion under section 976 of the Code of Civil Procedure.
1Dissent
Smith, J. (dissenting):
In Bowen v. Mandeville (95 N. Y. 237) the defendant sold to the plaintiff a bond and mortgage, the payment of which he guaranteed. The mortgagor made default in payment of two installments, and the plaintiff sued him upon his guaranty and recovered judgment upon those two installments. Thereafter the plaintiff commenced an action to recover damages for fraud in the sale of the bond and mortgage, in misrepresenting the value of the property upon which the mortgage was a lien. The trial judge nonsuited the plaintiff upon the ground that the action was barred by the…
2Cases cited2 opinions
- Bowen v. . MandevilleNew York Court of Appeals · 1884
- Taft v. BronsonAppellate Division of the Supreme Court of the State of New York · 1917