Maxwell v. Martin
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Frederick J. Martin, from 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 29th day of May, 1907, upon the verdict of a jury for $2,180, rendered by direction of the court, and also from an order entered in said clerk’s office on the 1st day of July, 1907, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Houghton, J.:
Plaintiff’s complaint, fairly interpreted, sets forth a cause of action for fraud and deceit. The allegations are that because of the false and- fraudulent representations of the defendant, upon which the plaintiff relied, she delivered to him certain shares of stock of the Pennsylvania Railroad Company, which the defendant appropriated to his own use and intended to appropriate when he made *82the false representations. Plaintiff’s proof on the trial tended to establish these allegations.
■ Amongst other defenses the defendant plead his discharge in bankruptcy. The proof on…
2Cases cited9 opinions
- Crawford v. BurkeSupreme Court of the United States · 1904
- Tindle v. BirkettSupreme Court of the United States · 1907
- Frey v. . TorreyNew York Court of Appeals · 1903
- Tindle v. . BirkettNew York Court of Appeals · 1905
- Fechter v. PostelAppellate Division of the Supreme Court of the State of New York · 1906
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3Cited by12 opinions
- Share v. CoatsSouth Dakota Supreme Court · 1912
- Ulner v. DoranAppellate Division of the Supreme Court of the State of New York · 1915
- Zwecker v. LevineAppellate Division of the Supreme Court of the State of New York · 1909
- Walker Bros. v. Capital City Grocery Co.Court of Appeals of Georgia · 1922
- In re Ennis & StoppaniDistrict Court, S.D. New York · 1909
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