Barnes v. . Brown
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of defendants, entered upon an order dismissing plaintiff’s complaint on trial, and also affirming an order denying a motion for a new trial. (Reported below, 11 Hun, 315.) The assignment of an interest in the Byrne contract to the plaintiff was not void.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of defendants, entered upon an order dismissing plaintiff’s complaint on trial, and also affirming an order denying a motion for a new trial. (Reported below, 11 Hun, 315.) The assignment of an interest in the Byrne contract to the plaintiff was not void. (Risley v. Indianapolis B. and W. R. R. Co., 62 N. Y., 247; Bostwick v. Atkins, 3 id., 53; Johnson v. Bennett, 39 Barb., 237; Stewart v. Lehigh Valley R. R. Co., 9 Vroom [N. J.], 505; Gardner v. Butler, 30 N. J.…
1Opinion of the CourtEase, J.
This action was brought by-the plaintiff against the defendants to recover damages for a fraud alleged to have been practiced by them upon him. The most material facts alleged in the complaint are these: That in March, 1872, the plaintiff was a director and president of The New York City Central Underground Bailway Company,” a corporation organized under the laws of this State; that before the plaintiff became such director and president, the company had made a contract with one Byrne to build and equip its railway, and after he became such director and president, he had purchased of Byrne an…
2Cases cited3 opinions
- President, Directors & Co. of Mechanics' Bank v. New-York & New Haven RailroadNew York Court of Appeals · 1856
- Risley v. Indianapolis, Bloomington & Western RailroadNew York Court of Appeals · 1875
- Shotwell v. MaliNew York Supreme Court · 1862
3Cited by50 opinions
- Wickersham v. CrittendenCalifornia Supreme Court · 1892
- Barr v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1891
- Williams v. . MontgomeryNew York Court of Appeals · 1896
- Jacobson v. . Brooklyn Lumber Co.New York Court of Appeals · 1906
- Leadbetter v. PriceOregon Supreme Court · 1921
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