Baird v. Reese

The sole question presented by the appeal is whether the present action is barred by a former adjudication.

The present action at law is to recover $40,000 damages for fraud. In substance, the complaint alleges that in exchange of properties between the plaintiff and the defendants the defendants conveyed to plaintiff property on Kingsboro avenue in the city of Gloversville; that to induce plaintiff to enter into the transaction defendants represented that the only incumbrance on the property was a mortgage in the sum of $10,000; that in reliance on such fraudulent misrepresentation plaintiff…