Legal Opinion
Ross v. Preston
New York Court of Appeals
Decided April 20, 1944PublishedCited by 31 opinions
1Opinion of the Court
LehmaN, Ch. J.
The plaintiff seeks damages which he asserts resulted from the fraud of William H. Schmidt, the defendants’ intestate, hereinafter for brevity referred to as the defendant. The complaint was dismissed upon the defendant’s motion on the ground that it does not state facts sufficient to constitute a cause of action. Prom the complaint it appears that plaintiff, in 1935, filed formal objections to the probate of a paper writing which purported to be the last will and testament of Edward C. S. Fleet upon the “ grounds that said decedent was under undue influence and lacked…
2Cases cited7 opinions
- Reno v. . BullNew York Court of Appeals · 1919
- Ochs v. . WoodsNew York Court of Appeals · 1917
- Sager v. FriedmanNew York Court of Appeals · 1936
- Gould v. Cayuga County National BankNew York Court of Appeals · 1885
- Verplanck v. . Van BurenNew York Court of Appeals · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Newin Corp. v. Hartford Accident & Indemnity Co.New York Court of Appeals · 1975
- Griffith v. Bank of New YorkCourt of Appeals for the Second Circuit · 1945
- Toho Bussan Kaisha, Limited v. American President Lines, LimitedCourt of Appeals for the Second Circuit · 1959
- David v. FaymanAppellate Division of the Supreme Court of the State of New York · 1948
- Burbrooke Manufacturing Co. v. St. George Textile Corp.Appellate Division of the Supreme Court of the State of New York · 1954
26 more not listed; retrieve them via the Exa API.