Legal Opinion

Ward v. McVicker

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

Decided November 5, 1920PublishedCited by 1 opinion

Appeal by the defendant, John McVicker Richmond, from that part of a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 27th day of November, 1918, resettling and amending a judgment entered in said clerk’s office on the 21st day of October, 1918, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 25th day of October, 1918, denying said defendant’s motion for a new…

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Appeal by the defendant, John McVicker Richmond, from that part of a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 27th day of November, 1918, resettling and amending a judgment entered in said clerk’s office on the 21st day of October, 1918, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 25th day of October, 1918, denying said defendant’s motion for a new trial made upon the minutes. Appeal by the plaintiff, Carl E. Ward, from that part of said judgment in favor of the…

1Opinion of the Court

Dowling, J.:

This action was brought against defendants for damages claimed to have been sustained by plaintiff by reason of their *729false and fraudulent representations as to the United States Consolidated Oil Company, whereby plaintiff was induced to pay the sum of $8,750 for 1,500 shares of stock thereof.

As to the defendant .Elkins, I am of the opinion that the dismissal of the complaint was proper, since no false representations whatever were proven to have been made by him, nor were any facts shown by reason of which he could be held liable in this action.

As to the defendant Richmond, the…

2Cited by1 opinion

  1. Bank of St. Helena v. Lilienthal-Brayton Co.California Court of Appeal · 1928

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