Fenn v. Curtis
New York Supreme Court
MotioN for a new trial on exceptions ordered to be beard in tlie first instance at the General Term, after a verdict directed in favor of the plaintiff.
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MotioN for a new trial on exceptions ordered to be beard in tlie first instance at the General Term, after a verdict directed in favor of the plaintiff. The complaint alleged that the defendants, for the purpose of cheating and defrauding the plaintiff, represented that they were officers of a company known as the Rochester Frear Stone Company ; that said company had been duly organized and incorporated, and that the capital stock subscribed was $200,000; that there was no such company; that the representations were false, and were made with intent to deceive plaintiff and to induce him to…
1Opinion of the Court
Talcott, P. J.:
This is an action against the defendants for defrauding the plaintiff, by inducing him to purchase certain pretended certificates of stock in a certain pretended company known as ‘ ‘ The Rochester Frear Stone Company,” which the defendants as officers of the *388said pretended company, represented was duly organized and incorporated under the laws of the State of New York; whereas there was in fact no such corporation, and the pretended shares of stock in said corporation had no existence in fact, and the certificates thereof were spurious and worthless.
The trial was had at the…
2Cases cited3 opinions
- Hubbard v. . BriggsNew York Court of Appeals · 1865
- Cross v. SackettThe Superior Court of New York City · 1858
- Mead v. MaliNew York Supreme Court · 1857