Peskin v. Squires

Plaintiff appeals from judgment of non-suit in a fraud action. The complaint contains numerous counts, but the ninth, alleging fraud, is determinative of this appeal.

The familiar test of propriety of a nonsuit must be kept in mind. “ ‘A motion for nonsuit may properly be granted “. . . when, and only when, disregarding conflicting evidence, and giving to plaintiff's evidence all the value to which it is legally entitled, indulging in every legitimate inference which may be drawn from that evidence, the result is a determination that there is no evidence of sufficient substantiality to support…