Merry Realty Co. v. Shamokin & Hollis Real Estate Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Merry Realty Company, Inc., from a judgment of the Supreme Court in favor of the respondent, entered in the office of the clerk of the county of Kings on the 1st day of April, 1918, upon the decision of the court after a trial at the Kings County Special Term.
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Appeal by the plaintiff, Merry Realty Company, Inc., from a judgment of the Supreme Court in favor of the respondent, entered in the office of the clerk of the county of Kings on the 1st day of April, 1918, upon the decision of the court after a trial at the Kings County Special Term. Defendant Shamokin & Hollis Real Estate Company, Inc., was the owner of thirty-two lots of land at Hollis, Queens county, N. Y. The plaintiff was the owner of premises No. 1057 Bergen street in the borough of Brooklyn, carried in the name of a dummy, Martin. By contract dated the 2d day of August, 1916, between…
1Opinion of the Court
Blackmar, J.:
The evidence amply sustained the finding that the defendant was induced by fraud to exchange with Martin, who acted as dummy for plaintiff, its property at Hollis for the apartment upon which was the mortgage that this action is brought to foreclose. The false representation was not of value only, but of facts and circumstances that were intended to and did lead the defendant to accept and rely on plaintiff’s representation of value. The trick and device whereby defendant was induced to accept the representation of value by the real owner as the advice of a disinterested expert…
2Cases cited11 opinions
- Dushane v. BenedictSupreme Court of the United States · 1887
- Gillespie v. . TorranceNew York Court of Appeals · 1862
- Whitney v. AllaireNew York Supreme Court · 1847
- Fairchild v. . McMahonNew York Court of Appeals · 1893
- Richard Deeves & Son v. Manhattan Life InsuranceNew York Court of Appeals · 1909
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3Cited by16 opinions
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- Howells v. AlbertNew York Supreme Court · 1962
- Refinemet International Company v. Eastbourne N.V.Court of Appeals for the Second Circuit · 1994
- Simms v. BiondoDistrict Court, E.D. New York · 1993
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