Legal Opinion

Reed v. Smith

Appellate Division of the Supreme Court of the State of New York

Decided December 20, 1907PublishedCited by 4 opinions

Appeal by the defendant, Charles Head Smith, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 1st day of July, 1907, denying the defendant’s motion to vacate ah order for his examination before trial.

1Opinion of the Court

Ingraham, J.:

The action is brought to recover the • sum of $3,000 paid to the defendant for certain shares of stock off a corporation which it is alleged plaintiff was induced to purchase by and through false and fraudulent representations made to him by the defendant with intent to deceive, cheat and defraud; that the representations made to the plaintiff are in writing in letters and telegrams which purport to be from the defendant, and the plaintiff desirés to. examine the defendant to prove the writing of these letters and the sending of the telegrams. It is apparent that this evidence is…

2Cases cited1 opinion

  1. Goldmark v. U. S. Electro-Galvanizing Co.Appellate Division of the Supreme Court of the State of New York · 1906

3Cited by4 opinions

  1. Rothenberg v. FieldsNew York Supreme Court · 1953
  2. Beary v. Queens County Bar Ass'nNew York Supreme Court · 1960
  3. Sumner v. MathewsNew York Supreme Court · 1951
  4. Smith v. SmithAppellate Terms of the Supreme Court of New York · 1912

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