Sinclair v. Neill
New York Supreme Court
Appeal from a judgment in favor of the plaintiff, Robert A. Sinclair, entered upon the report of a referee. The action was brought to set aside a sale of a store, fixtures and leases, and to compel the surrender and cancellation of a mortgage of $3,000 executed by defendant Jane Alley to the defendant James ¡Neill, and of two notes of $500 each given by plaintiff to the defendants ¡Neill, Robert Thomas and one Palmer, constituting the firm of ¡Neill & Co., in payment for…
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Appeal from a judgment in favor of the plaintiff, Robert A. Sinclair, entered upon the report of a referee. The action was brought to set aside a sale of a store, fixtures and leases, and to compel the surrender and cancellation of a mortgage of $3,000 executed by defendant Jane Alley to the defendant James ¡Neill, and of two notes of $500 each given by plaintiff to the defendants ¡Neill, Robert Thomas and one Palmer, constituting the firm of ¡Neill & Co., in payment for said store. The mortgage was assigned by ¡Neill to the defendant Christopher Pullman, who, it is alleged, holds the same in…
1Opinion of the CourtDaniels, J.
The evidence and the referee’s report show that the plaintiff was induced, by fraudulent representations made by the defendant Robert Thomas, and assented to by the defendant James Heill, to purchase a store of goods, together with the fixtures and leases, extending from tfie 15th day of February, 1869 — the time of the purchase — to the 1st of May, 1871, for the price of $4,000. The purchase price was secured by a bond arid mortgage, which the plaintiff procured to be executed and delivered, and his own two notes of $500 each. It was part of the consideration of the sale that the defendant…
2Cases cited8 opinions
- Cobb v. . HatfieldNew York Court of Appeals · 1871
- Smith v. . FeltonNew York Court of Appeals · 1871
- Merritt v. . SeamanNew York Court of Appeals · 1852
- Degraw v. . ElmoreNew York Court of Appeals · 1872
- Beecker & Beecker v. VroomanNew York Supreme Court · 1816
3 more not listed; retrieve them via the Exa API.