Legal Opinion

Bosley v. National MacHine Co.

New York Court of Appeals

Decided December 2, 1890PublishedCited by 42 opinions

Appeal from judgment of the General Term of the Court of Common Pleas of the city of New York, entered upon an' order made June 3, 1889, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The Statute of Limitations is a complete defense to this action as against the National Machine Company.

Read the full summary

Appeal from judgment of the General Term of the Court of Common Pleas of the city of New York, entered upon an' order made June 3, 1889, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The Statute of Limitations is a complete defense to this action as against the National Machine Company. (Newham v. May, 13 Price, 749; Russell v. Clark, 7 Cranch. 69 ; Hardwick v. Forbes, 1 Bibb. 212; Askew’s Case, L. R. [9 Ch. Div.] 664; Bradley v. Bosley, 1…

1Opinion of the CourtEarl, J.

The plaintiff alleged in her complaint that in November, 1880, the defendant, the National Machine Company, was a manufacturing company organized under the laws of this state; that the defendant House was the authorized agent of the-company to procure subscriptions to its stock, and that by certain false • representations made by him to her, which are set forth in the complaint, she was induced to take thirteen shares of the capital stock of the company, and to pay therefor the sum of $1,300, and that thus she became a stockholder in the corporation ; that she did not discover the fraud…

2Cases cited4 opinions

  1. Gould v. . Cayuga County National BankNew York Court of Appeals · 1881
  2. Carr v. . ThompsonNew York Court of Appeals · 1881
  3. Murray v. . UsherNew York Court of Appeals · 1889
  4. Briggs v. CornwellNew York Court of Common Pleas · 1881

3Cited by42 opinions

  1. Schank v. . SchuchmanNew York Court of Appeals · 1914
  2. Willis v. FowlerSupreme Court of Florida · 1931
  3. Mack v. . LattaNew York Court of Appeals · 1904
  4. Mitchell v. HancockCourt of Appeals of Texas · 1917
  5. Heater v. LloydWest Virginia Supreme Court · 1920

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API