Miller v. . Wood
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 5, 1886, which denied a motion for a new trial and directed judgment on an order of the trial court granting a nonsuit. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 5, 1886, which denied a motion for a new trial and directed judgment on an order of the trial court granting a nonsuit. The nature of the action and the facts, so far as material, are stated in the opinion. If the defendants, one or both, were guilty of the commission of the frauds alleged and proved, and also the concealment of that fraud from the plaintiff, the plaintiff was entitled to recover, and the defendants, inlaw and equity, were estopped from shielding…
1Opinion of the CourtParker, J.
The defendants, by false and fraudulent representations, induced the plaintiff to purchase a mortgage which was without actual value. The sale was consummated on the 12th day of April, 1878. On the 23d day of September, 1885, a little over seven years after the purchase, the plaintiff commenced this action by means of which she sought to recover the amount of damage sustained by reason of the fraud practiced upon her by these defendants.
The trial court rightly determined plaintiff’s claim to have been barred by the statute of limitations prior to the commencement of this action. The cause of…
2Cases cited1 opinion
- Northrop v. HillNew York Supreme Court · 1871
3Cited by12 opinions
- Schenck v. . State Line Telephone Co.New York Court of Appeals · 1924
- Alsop v. RikerSupreme Court of the United States · 1894
- Hopkins v. . Lincoln Trust Co.New York Court of Appeals · 1922
- Atchison, Topeka & Santa Fe Railway Co. v. Atchison Grain Co.Supreme Court of Kansas · 1904
- Klotz v. . AngleNew York Court of Appeals · 1917
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