Gans v. Wormser
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Levi L. Gans, from a judgment of the Supreme Court in favor of the defendant, entered in the office ■of the clerk of the county of New York on the 15th day of November, 1902, upon the verdict of a jury, and also from an order -entered in said clerk’s office on the 11th day of November, 1902, 'denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hatch, J.:
This action was brought to recover upon a check given by the defendant to the plaintiff for $10,000 as the consideration for the purchase price of certain shares of stock of the American Box Strap 'Company. The answer admitted the making and delivery of the ■check as averred in the complaint, and set up, as a separate defense, that the delivery of the same was induced by reason of false representations made by the plaintiff as to the value of the machinery owned by the said company. This furnished the issue between the parties which was litigated upon the trial. The case has been…
2Cases cited2 opinions
- National Ulster County Bank v. MaddenNew York Court of Appeals · 1889
- Bigelow v. . HallNew York Court of Appeals · 1883