Stout v. . Smith
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made February 10, 1882, which affirmed a judgment in favor of plaintiffs, entered upon a verdict. The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made February 10, 1882, which affirmed a judgment in favor of plaintiffs, entered upon a verdict. The nature of the action and the material facts are stated in the opinion. A lawyer, especially one not in active or general practice, has the right to make bargains and purchases, and to act as scrivener between parties, and there can arise no presumption of undue influence, such as exists where the strict relation of attorney and client exists. ( Wendell v. Van Rensselaer, 1…
1Opinion of the CourtMiller, J.
This action was brought to recover damages on account of fraud arising out of various transactions in the exchanging or sale of farms between the defendant and Alfred and Andrew Stout, the latter being now dead. Alfred and Andrew were colored people, and owned a farm in the town of Hector, Schuyler county, together with personal property, and it is claimed that the defendant defrauded them out of this farm and property. The principal acts, constituting the trans actions between the parties, consisted of the sale of this farm in Hector, to the defendant, by his obtaining from the Stouts a deed…
2Cited by11 opinions
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- Taylor v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1899
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