Graves v. Spier
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. In the year 1861, Margaret S. Graves was the owner of a separate estate, consisting of valuable premises situate in the village of Geneva, 2ST. Y., upon which she then resided with her husband, the planitiff in this action. At the same time, the defendant, Clarinda H. Spier, was also a married woman, the wife of David S. Spier, and resided with her husband at Albany, hi.
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APPEAL from a judgment entered upon the report of a referee. In the year 1861, Margaret S. Graves was the owner of a separate estate, consisting of valuable premises situate in the village of Geneva, 2ST. Y., upon which she then resided with her husband, the planitiff in this action. At the same time, the defendant, Clarinda H. Spier, was also a married woman, the wife of David S. Spier, and resided with her husband at Albany, hi. Y. She was possessed of a large separate estate, and, among other things, was the owner of a bond and mortgage executed by William H. Walker and wife, upon certain…
1Opinion of the CourtJohnson, J.
The appellant’s counsel claims that the complaint in this action is for equitable relief only—to have the contract between the defendant and the plaintiff’s assignor rescinded on account of the alleged fraud, and the property assigned and conveyed in pursuance of such fraudulent contract, restored, and the parties placed in statu quo. • But I am of the opinion that the action was properly treated by the referee, and tried, as an action at law, to recover damages for an alleged fraud. The facts stated in the complaint constitute such a cause of action, and the prayer for relief demands a…
2Cases cited8 opinions
- Bennett v. . JudsonNew York Court of Appeals · 1860
- Zabriskie v. . SmithNew York Court of Appeals · 1855
- Byxbie v. . WoodNew York Court of Appeals · 1862
- Haight v. . HaytNew York Court of Appeals · 1859
- Gillet v. FairchildNew York Supreme Court · 1847
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- American Surety Company v. PaulySupreme Court of the United States · 1898
- Krumm v. . BeachNew York Court of Appeals · 1884
- National Life Ins. Co. v. . MinchNew York Court of Appeals · 1873
- Underhill v. Manhattan Ry. Co.New York Supreme Court · 1891
- Bond v. SmithNew York Supreme Court · 1875
8 more not listed; retrieve them via the Exa API.