Lamphere v. . Lang
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 22, 1913, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The complaint fails to state facts from which fraud can he found or inferred, and the mere general allegations of fraud are of no value as stating a cause of action.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 22, 1913, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The complaint fails to state facts from which fraud can he found or inferred, and the mere general allegations of fraud are of no value as stating a cause of action. (Van Weel v. Winston, 115 U. S. 228; Cohn v. Goldman, 76 N. Y. 284; Knapp v. City of Brooklyn, 97 N. Y. 520; Wood v. Armory, 105…
1Opinion of the CourtCuddeback, J.
This action is brought by the plaintiff as the receiver of the Oanadaway Fertilizer Company, an insolvent corporation, against the defendant, who is a director of the company, to recover upon a stock subscription. The complaint alleges that the defendant became a subscriber to the capital stock of the corporation and ‘ ‘ thereby agreed to take the number of ten shares each share being of the par value of one hundred dollars, and agreed to pay * * * therefor the sum of one thousand dollars as required by law and the orders of the directors; ” and that a stock certificate was issued by the…
2Cases cited9 opinions
- Christensen v. . EnoNew York Court of Appeals · 1887
- Romeyn v. SicklesNew York Court of Appeals · 1888
- Day v. . Town of New LotsNew York Court of Appeals · 1887
- Southworth v. . MorganNew York Court of Appeals · 1912
- Sparman v. . KeimNew York Court of Appeals · 1880
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3Cited by17 opinions
- Bloomquist v. . FarsonNew York Court of Appeals · 1918
- Walrath v. . Hanover Fire Ins. Co.New York Court of Appeals · 1915
- Cohen v. City Company of New YorkNew York Court of Appeals · 1940
- Jackson v. . StrongNew York Court of Appeals · 1917
- International Photo Recording Machines, Inc. v. Microstat Corp.Appellate Division of the Supreme Court of the State of New York · 1945
12 more not listed; retrieve them via the Exa API.