Legal Opinion

Miller v. Zimer

New York Court of Common Pleas

Decided February 7, 1887Published

Appeal from a judgment entered on the verdict of a jury, at trial term.

1Opinion of the CourtBookstaver, J.

This action is brought by the executors of Christopher Miller against the defendants, to recover damages occasioned by a conspiracy to defraud Miller; and the complaint alleges a “criminal scheme and conspiracy to borrow and obtain money from him upon worthless securities.”

The alleged conspiracy seems to have been this: Samuel Zimer executed to Solomon Stransky his bond and mortgage for $15,000. Stransky and Henry Zimer (Samuel’s *230brother) instructed Edward K. Raubitschek to sell the bond and mortgage, and, at the same time, falsely and fraudulently, in a writing delivered to Raubitschek to…

2Cases cited2 opinions

  1. Glass v. BeachSupreme Court of Vermont · 1833
  2. Cole v. StevensNew York Supreme Court · 1851

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