Gould v. Cayuga County National Bank
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fifth judicial department, entered upon an order made October 31, 1884, which granted a new trial. Plaintiff was nonsuited at the “Circuit; exceptions were ordered to be heard at first instance at General Term. This action was brought to recover damages sustained by plaintiff by means of false representations on the part of defendants.
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Appeal from order of the General Term of the Supreme Court, in the fifth judicial department, entered upon an order made October 31, 1884, which granted a new trial. Plaintiff was nonsuited at the “Circuit; exceptions were ordered to be heard at first instance at General Term. This action was brought to recover damages sustained by plaintiff by means of false representations on the part of defendants. Plaintiff had on deposit for safe-keeping, with defendant, the Cayuga County National Bank, a package containing certain United States bonds; these bonds plaintiff loaned to said bank on receipt…
1Opinion of the CourtFinch, J.
Upon the argument of this appeal the learned counsel for the appellants expressed a regret that he had been unable to impress upon the General Term the precise and accurate point which he desired to make. The suggestion warns us to study the argument now made attentively and not to miss its force and direction, and to endeavor to hold firmly for analysis and examination the distinction sought to be drawn, however it may seem to us somewhat subtle and narrow.
Assuming for the purposes of the discussion that a fraud existed, the argument upon both sides proceeds for a long distance upon parallel…
2Cases cited3 opinions
- Gould v. . Cayuga County National BankNew York Court of Appeals · 1881
- Krumm v. . BeachNew York Court of Appeals · 1884
- Whitney v. AllaireNew York Supreme Court · 1847
3Cited by82 opinions
- Bilotti v. Accurate Forming Corp.Supreme Court of New Jersey · 1963
- Urtz v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1911
- Merry Realty Co. v. Shamokin & Hollis Real Estate Co.New York Court of Appeals · 1921
- Griffith v. Bank of New YorkCourt of Appeals for the Second Circuit · 1945
- Automobile Underwriters, Inc. v. RichIndiana Supreme Court · 1944
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