Kreshover v. Berger
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Leo J% Kreshover, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 8th day of April, 1909, affirming a judgznent of the City Court of the city of New York, entered in the office of the clerk of said court on the 31st day of December, 1908, in favor of the ■ defendants, and an order of said City Court denying the plaintiff’s motion for a new trial, and also (as stated in said…
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Appeal by the plaintiff, Leo J% Kreshover, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 8th day of April, 1909, affirming a judgznent of the City Court of the city of New York, entered in the office of the clerk of said court on the 31st day of December, 1908, in favor of the ■ defendants, and an order of said City Court denying the plaintiff’s motion for a new trial, and also (as stated in said notice of appeal) from said judgment and order of the City Court.
1Opinion of the Court
Scott, J.:
Plaintiff appeals from a determination of the Appellate Term affirming a judgment of the.City Court in favor of defendants.
The plaintiff seeks to recover the sum of $2,000, being the amount'he paid upon a contract for the. purchase "of land. He claims to have been induced to enter into the contract by fraudulent misrepresentations and elects to rescind the contract and to sue for the recovery of his down payment. The trial court refused to receive any evidence as to thé representations or their falsity upon the ground that they would 'vary the. written instrument and are cognizable…
2Cited by11 opinions
- Danann Realty Corp. v. HarrisNew York Court of Appeals · 1959
- Whitney v. BissellOregon Supreme Court · 1915
- Dieterich v. RiceWashington Supreme Court · 1921
- Owen v. SchwartzCourt of Appeals for the D.C. Circuit · 1949
- McCarter v. CrawfordNew York Court of Appeals · 1927
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