New York Land Improvement Co. v. Chapman
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made March 15,1887, which affirmed a judgment in favor of defendant, directed by the court at the trial. This was an action to recover damages for an alleged fraud.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made March 15,1887, which affirmed a judgment in favor of defendant, directed by the court at the trial. This was an action to recover damages for an alleged fraud. The complaint alleged that plaintiff, being the owner of certain premises in the city of New York, rented them to the firm of Groot & Chapman, composed of the defendant and two other persons named, for the term of one year from May 1, 1882, at the rent of $4,500, payable quarterly, and, in addition, twelve dollars monthly,…
1Opinion of the CourtBradley, J.
The action was founded on alleged fraud, for which the plaintiff sought to recover damages. And the question presented is whether the complaint stated facts sufficient to constitute a cause of action. The view of the court below was that it did not, and Wemple v. Hildrith, (10 Daly, 481) was cited in support of such conclusion. In that ease the alleged representations relied upon, as fradulent, related to the pecuniary condition of the debtor, which induced the plaintiff to extend the term of credit for goods by him before then sold and delivered. It was not there alleged that the plaintiff…
2Cases cited8 opinions
- Rice v. . ManleyNew York Court of Appeals · 1876
- Gould v. Cayuga County National BankNew York Court of Appeals · 1885
- Benton v. PrattNew York Supreme Court · 1829
- Upton v. VailNew York Supreme Court · 1810
- Bowen v. . MandevilleNew York Court of Appeals · 1884
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3Cited by33 opinions
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