Mack v. . Latta
New York Court of Appeals
Appeal from judgments entered June 8, 1903, upon orders of the Appellate Division' of the Supreme Court in the first judicial department, which affirmed in part interlocutory judgments of Special Term sustaining demurrers to the complaint. The nature . of the action and the facts, so far as material, are stated in the opinion. The complaint states facts sufficient to constitute a cause of action against each of the respondents.
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Appeal from judgments entered June 8, 1903, upon orders of the Appellate Division' of the Supreme Court in the first judicial department, which affirmed in part interlocutory judgments of Special Term sustaining demurrers to the complaint. The nature . of the action and the facts, so far as material, are stated in the opinion. The complaint states facts sufficient to constitute a cause of action against each of the respondents. (Marie v. Garrison, 83 N. Y. 14 ; Johnson v. Golder, 132 N. Y. 116 ; Conklin v. McCauley, 41 App. Div. 452 ; Richter v. Nimmo, 63 App. Div. 422 ; Allen v. Addington, 7…
1Opinion of the Court
'Parker, Ch. J.
Plaintiff, upon misrepresentations made to him by the two individual defendants — one the president of defendant corporation, the other a director, and member of the executive committee, and who were the chief promoters of the corporation—was induced to subscribe for $500,000 worth of stock. Twenty per cent, $100,000, was called for by the corporation and paid by plaintiff before he became aware that the representations mad^ to him were untrue. As soon as the discovery was made he brought this action on the equity side of the court against the corporation and the two officials…
2Cases cited8 opinions
- Tyler v. SavageSupreme Court of the United States · 1892
- Brinkerhoff v. BrownNew York Court of Chancery · 1822
- Hubbell v. . MeigsNew York Court of Appeals · 1872
- Bosley v. National MacHine Co.New York Court of Appeals · 1890
- Hubbard v. . BriggsNew York Court of Appeals · 1865
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3Cited by51 opinions
- Wendt v. FischerNew York Court of Appeals · 1926
- Lightfoot v. . DavisNew York Court of Appeals · 1910
- McCandless v. FurlaudSupreme Court of the United States · 1935
- Wechsler v. BowmanNew York Court of Appeals · 1941
- Clark v. KirbyNew York Court of Appeals · 1926
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