Novotny v. . Kosloff
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 11, 1913, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. Defendant made no material false representations inducing the making of the contract.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 11, 1913, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. Defendant made no material false representations inducing the making of the contract. (Wheadon v. Huntington, 83 Hun, 371.) This is an action upon an express contract, in which the defendant was guilty of a fraud in contracting the liability. (Hoboken Beef Co. v. Loeffel, 22 N. Y. S. R. 466; 62 Hun; 611; Wallace…
1Opinion of the CourtMiller, J.
The action is to recover damages for a wrongful discharge from employment, and the question is whether an order of arrest was justified under subdivision 4 of section 549 of the Code of Civil Procedure by an allegation in the complaint of fraud in the making of the contract of employment, and if not, whether the plaintiff may still have judgment' notwithstanding that allegation.
To justify an order of arrest under said subdivision the action need not be one to recover damages for fraud, as under subdivision 2. Under that subdivision fraud is the gist of the action, whilst under subdivision 4…
2Cases cited3 opinions
- Graves v. . WaiteNew York Court of Appeals · 1874
- Hathaway v. . JohnsonNew York Court of Appeals · 1873
- Bowery National Bank v. . DuryeeNew York Court of Appeals · 1878
3Cited by11 opinions
- Bloomquist v. . FarsonNew York Court of Appeals · 1918
- Churchill v. St. George Development Co.Appellate Division of the Supreme Court of the State of New York · 1916
- North Central Investment Co. v. Vander VorsteSouth Dakota Supreme Court · 1965
- R. v. Archawski, Libellants-Appellees v. Basil Hanioti Etc.Court of Appeals for the Second Circuit · 1956
- Eastern Capital Corp. v. FreemanAppellate Division of the Supreme Court of the State of New York · 1957
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