Piper v. . Hoard
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made January 13, 1885, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term. This action was brought in February, 1881. The nature of it and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made January 13, 1885, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term. This action was brought in February, 1881. The nature of it and the material facts are stated in the opinion. The complaint was sufficient to present the fraudulent representations, as a cause of action and ground of recovery on behalf of • the plaintiff. (Maher v. Hibernia Ins. Co., 67 N. Y. 283, 290; Russell v. Brownell, 20 N. Y. W. Dig.…
1Opinion of the CourtFinch, J.
The facts of this case are only important as they bear upon the inquiry when the cause of action accrued, and the statute of limitations began to run. The plaintiff, as sole heir of her father, seeks to set aside a deed made by him in February, 1859, to the defendant, and a subsequent settlement which confirmed it, on the ground that both were the product of fraud and undue influence. A jury to whom special issues were submitted decided the facts in favor of the plaintiff, and their conclusion was adopted by the court. We are to assume, therefore, that the deed and the settlement were…
2Cited by15 opinions
- Cullen v. MargiottaCourt of Appeals for the Second Circuit · 1987
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Baratta v. KozlowskiAppellate Division of the Supreme Court of the State of New York · 1983
- Carol Overall v. Estate of L.H.P. KlotzCourt of Appeals for the Second Circuit · 1995
- Schmidt v. BishopDistrict Court, S.D. New York · 1991
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