Harlow v. . La Brum
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the third judicial department, entered December 5, 1894, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Circuit. The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiff was entitled to judgment in his favor on the pleadings; it was a- reversible, error to grant defendant affirmative relief.
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Appeal from a judgment of the General Term of the Supreme Court in the third judicial department, entered December 5, 1894, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Circuit. The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiff was entitled to judgment in his favor on the pleadings; it was a- reversible, error to grant defendant affirmative relief. (Fleischmann v. Stern, 90 N. Y. 110; Beard v. Tilghman, 66 Hun, 12.) Defendant’s answer contains no denial, nor any statement of new matter…
1Opinion of the CourtGray, J.
The plaintiff brought this action for the dissolution of a co-partnership between the parties and for an accounting. After the commencement of the action, the defendant discovered that a fraud had been practiced upon him, through which he had been induced to enter into the co-partnership. It consisted in fraudulent representations made by the plaintiff as to the cost of a certain stock,of merchandise, which he put into the co-partnership, and the half of which, as represented, the defendant had paid in compliance with his co-partnership agreement. He, thereupon interposed an answer setting up…
2Cited by18 opinions
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- Cooper v. Ft. Smith & W. R. Co.Supreme Court of Oklahoma · 1909
- Maruca v. PhillipsSupreme Court of Connecticut · 1952
- J. I. Case Threshing MacH. Co. v. WebbCourt of Appeals of Texas · 1915
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