Lane v. Fenn
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, James S. Watson and others, from ah order of the Supreme Court, made at the Monroe Trial Term and entered in the office of the clerk of the county of Monroe on the 17th day of December, 1909, granting the plaintiff’s motion to set aside the verdict of a jury'in favor of the said defendants and directing a new trial, and also from an order entered in said clerk’s office ón the 30th day of December, 1909, denying the said defendants’ motion for leave…
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Appeal by the defendants, James S. Watson and others, from ah order of the Supreme Court, made at the Monroe Trial Term and entered in the office of the clerk of the county of Monroe on the 17th day of December, 1909, granting the plaintiff’s motion to set aside the verdict of a jury'in favor of the said defendants and directing a new trial, and also from an order entered in said clerk’s office ón the 30th day of December, 1909, denying the said defendants’ motion for leave to amend, ' correct or resettle the prior order. •
1Opinion of the Court
Kruse, J.:
The main questions in this case are similar to those involved in the. case of Downey v. Finucane (146 App. Div. 209). The two cases, were argued together. The plaintiff, as in the Downey case, seeks to recover damages for fraud and deceit, having purchased some of the bonds and stock, relying upon the prospectus referred to in that case.
In this case the jury rendered a verdict as to some of .the. defendants and disagreed as to .the others.. The trial judge set aside the. verdict and the appeal is from the order setting, aside that verdict. But four of the six alleged fraudulent…
2Cases cited1 opinion
- Downey v. FinucaneAppellate Division of the Supreme Court of the State of New York · 1911
3Cited by2 opinions
- Brashears v. CollisonCourt of Appeals of Maryland · 1955
- Cadwalader, Wickersham & Taft v. Associated Builders & Owners of Greater New York, Inc.New York Supreme Court · 1984