France & Canada Steamship Corp. v. Berwind-White Coal Mining Co.
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 5, 1920, which reversed an order of Special Term overruling a demurrer to the complaint and sustained said demurrer. The nature of the action, the facts, so far as as material, and the question certified are stated in the opinion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 5, 1920, which reversed an order of Special Term overruling a demurrer to the complaint and sustained said demurrer. The nature of the action, the facts, so far as as material, and the question certified are stated in the opinion. A cause of action for damages for fraud inducing the making of a contract is consistent with a cause of action for breach of the contract, because both proceed upon the theory of an affirmance of the contract and the defrauded party is…
1Opinion of the CourtElkus, J.
The amended complaint contains three causes of action. The claim arises because of the chartering of the steamship Hermes by the plaintiff to the defendant.
The first cause of action alleges that the defendant represented that it had secured and had the necessary Federal export license for the shipment of coal from Hampton Roads, Va., to Rio de Janeiro, Brazil, which was false. This representation was made in order to induce the plaintiff to agree to charter the vessel, the Hermes, for such purpose. Relying upon this representation, the plaintiff chartered the steamship Hermes from its owner…
2Cases cited10 opinions
- Vail v. . ReynoldsNew York Court of Appeals · 1890
- Gould v. Cayuga County National BankNew York Court of Appeals · 1885
- Pryor v. . FosterNew York Court of Appeals · 1891
- Bowen v. . MandevilleNew York Court of Appeals · 1884
- Heckscher v. . EdenbornNew York Court of Appeals · 1911
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3Cited by22 opinions
- Bankers Trust Company, a Corporation v. Pacific Employers Insurance Company, a Corporation, and the Century Insurance Company, Limited, a CorporationCourt of Appeals for the Ninth Circuit · 1960
- RKB Enterprises, Inc. v. Ernst & YoungAppellate Division of the Supreme Court of the State of New York · 1992
- Clements Auto Company v. Service Bureau CorporationDistrict Court, D. Minnesota · 1969
- Mayfield v. First Nat. Bank of Chattanooga, Tenn.Court of Appeals for the Sixth Circuit · 1943
- Ikle v. IkleAppellate Division of the Supreme Court of the State of New York · 1939
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