Maybee v. Sullivan
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, William A. Sullivan and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of St. Lawrence on the 7th day of November, 1912, upon the decision of the court directing judgment in plaintiff’s favor on the pleadings and on the opening, and also from the order entered in said clerk’s office directing said judgment, and also from an order entered in said clerk’s office on the 19th day…
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Appeal by the defendants, William A. Sullivan and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of St. Lawrence on the 7th day of November, 1912, upon the decision of the court directing judgment in plaintiff’s favor on the pleadings and on the opening, and also from the order entered in said clerk’s office directing said judgment, and also from an order entered in said clerk’s office on the 19th day of November, 1912, denying defendants’ motion to go to the jury for a new trial made upon the minutes.
1Opinion of the Court
Lyon, J. :
This action has been brought on a promissory note of $5,000 given by the defendants to the plaintiff of date March 2, 1907, due one month after date.
Concisely stated, the defense is that the plaintiff, being the owner of a tract of land in Canada, and desiring to sell a one-fourth interest therein to the defendants, and for the pur*112pose of inducing the defendants to purchase said interest, offered to sell a one-fourth interest to them upon the basis of the cost of the whole property to the plaintiff, which the plaintiff falsely and fraudulently stated to defendants to have been…
2Cases cited1 opinion
- Douglass v. RichardsAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by3 opinions
- Commercial Credit Corp. v. Third & Lafayette Sts. Garage, Inc.Appellate Division of the Supreme Court of the State of New York · 1929
- Coral Gables, Inc. v. MayerAppellate Division of the Supreme Court of the State of New York · 1934
- Krinsky v. Title Guarantee & Trust Co.Appellate Terms of the Supreme Court of New York · 1937