Rothmiller v. . Stein
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of New York, entered upon an order made July 9, 1894, which affirmed an interlocutory judgment in favor of plaintiff entered upon a decision of the court overruling a demurrer to the complaint on trial at Special Term. This action was brought to recover damages for alleged fraud.
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Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of New York, entered upon an order made July 9, 1894, which affirmed an interlocutory judgment in favor of plaintiff entered upon a decision of the court overruling a demurrer to the complaint on trial at Special Term. This action was brought to recover damages for alleged fraud. The allegations of the complaint are substantially as follows: In October, 1891, articles of incorporation were executed by the defendants and certain other persons and filed in the proper place, which certified the forming…
1Opinion of the CourtPeckham, J.
The defendants insist that there is no legal fraud alleged in the complaint, and that even if there be such allegation the complaint does not contain any statement showing that legal damage can flow from the fraud.
We think the complaint is good in both particulars. The first ground upon which the defendants allege the action is not. maintainable is founded upon the statement that the plaintiff was not induced to take affirmative action by defendants’ false representations, but that he simply remained passive, did nothing, and refrainéd from selling his stock at a price which would have been…
2Cases cited8 opinions
- Brackett v. . GriswoldNew York Court of Appeals · 1889
- Nichols v. . MichaelNew York Court of Appeals · 1861
- Nichols v. . PinnerNew York Court of Appeals · 1858
- Jeffrey v. BigelowNew York Supreme Court · 1835
- Bradley v. FullerMassachusetts Supreme Judicial Court · 1875
3 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Brass v. American Film Technologies, Inc.Court of Appeals for the Second Circuit · 1993
- Fed. Sec. L. Rep. P 97,357 Marbury Management, Inc., and Harry Bader, Plaintiffs-Appellants-Appellees v. Alfred Kohn, and Wood, Walker & Co.Court of Appeals for the Second Circuit · 1980
- Small v. Fritz Companies, Inc.California Supreme Court · 2003
- Hadden v. Consolidated Edison Co.New York Court of Appeals · 1978
- Ausa Life Insurance Company, Bankers United Life Assurance Company, Crown Life Insurance Company, General Services Life Insurance Company, Life Investors Insurance Company of America, Modern Woodmen of America, Monumental Life Insurance Company, the Mutual Life Insurance Company of New York, and the Prudential Insurance Company of America v. Ernst and YoungCourt of Appeals for the Second Circuit · 2000
42 more not listed; retrieve them via the Exa API.