Sparman v. . Keim
New York Court of Appeals
Appeal from judgment of the General Term o± the Superior Court of the city of New York, in favor of defendant, entered upon an order made August 1, 1878, overruling plaintiff’s exceptions, and directing judgment on an order dismissing plaintiff’s complaint on trial. The body of the complaint in this action is as follows: “ I. That the plaintiff is an infant under the age of twenty-one years. “ II.
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Appeal from judgment of the General Term o± the Superior Court of the city of New York, in favor of defendant, entered upon an order made August 1, 1878, overruling plaintiff’s exceptions, and directing judgment on an order dismissing plaintiff’s complaint on trial. The body of the complaint in this action is as follows: “ I. That the plaintiff is an infant under the age of twenty-one years. “ II. That on the 5th day o± October, A. D. 1874, at said city of Hew York, upon application duly made on his behalf, the said Chas. J. Hehrbas was, by an order of this court, duly appointed the guardian…
1Opinion of the CourtFinch, J.
The plaintiff was nonsuited upon the ground that the cause of action stated in his complaint was for a tort and rested upon allegations that his money was obtained from him by the false and fraudulent representations of the defendant. If that is the true and only proper construction of the complaint the nonsuit was right, for no false representations as to facts were either alleged or proved. Those alleged were only that the artistic decorating business, into which the plaintiff was invited to put his capital, “ would yield large profits,” and the only representation proved was “ that it was…
2Cases cited6 opinions
- Byxbie v. . WoodNew York Court of Appeals · 1862
- Green v. . GreenNew York Court of Appeals · 1877
- Neftel v. . LightstoneNew York Court of Appeals · 1879
- Stafford v. RoofCourt for the Trial of Impeachments and Correction of Errors · 1827
- Chapin v. . ShaferNew York Court of Appeals · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- International Text Book Co. v. . ConnellyNew York Court of Appeals · 1912
- Johnson v. Northwestern Mutual Life Ins.Supreme Court of Minnesota · 1894
- Lamphere v. . LangNew York Court of Appeals · 1915
- House v. AlexanderIndiana Supreme Court · 1886
- Petrie v. WilliamsNew York Supreme Court · 1893
19 more not listed; retrieve them via the Exa API.