Feuchtwanger v. Dessar
New York Supreme Court
Appeal from special term, Hew York county. Action by Henry Feuchtwanger and others against Leo 0. Dessar, to recover a balance claimed to be due on account of certain transactions in stocks. From an order dismissing proceedings under an order for the examination of plaintiffs before trial, defendant appeals.
1Opinion of the CourtMacomber, J.
The action is brought to .recover a balance claimed to be due the plaintiffs on account of purchases and sales by them of stocks and bonds for the defendant. The answer alleged that the transactions between the parties were only colorable and speculative, and not real; that no securities were in fact to be bought and sold; and that the transactions were void under the statute against gaming. It also pleads usury, fraud, and false representations. The learned judge at special term set aside the order for the examination of the plaintiffs as witnessés upon the ground, mainly, that the evidence…
2Cited by2 opinions
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