Wakeman v. Dalley
New York Supreme Court
THE plaintiff sues the defendants to recover from them damages alleged to have been sustained by him in consequence of false representations as to the condition of the Webster Eire Insurance Company.
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THE plaintiff sues the defendants to recover from them damages alleged to have been sustained by him in consequence of false representations as to the condition of the Webster Eire Insurance Company. The defendants were directors, and at various times cards were published with the names of the directors attached, at the head of which it was stated, “ Cash capital $150,000.” These, cards also stated that the company would insure buildings, &c. on as favorable terms as any other company. The defendant was not one of the original directors, but was elected in April, 1855; but there is no proof…
1Opinion of the Court
By the Court, Ingraham, P. J.
So far as the complaint alleges a conspiracy to defraud, the finding of the referee that Dailey entered into no combination settles that no judgment could be rendered against him therefor. He was not a director at the time, and there can be no reason for charging him, from any fact stated in the evidence. Hor is he charged with any verbal representations. On the contrary the referee finds that he made none.
*501The only fact found by the referee upon which the defendant is sought to be made liable is the publication of a card by the officers of the company, which…
2Cases cited4 opinions
- Bennett v. . JudsonNew York Court of Appeals · 1860
- Allen v. AddingtonNew York Supreme Court · 1831
- Young & Otis v. CovellNew York Supreme Court · 1811
- Morse v. SwitsNew York Supreme Court · 1859
3Cited by4 opinions
- Marsh v. FalkerNew York Court of Appeals · 1869
- Einstein, Hirsch & Co. v. MarshallSupreme Court of Alabama · 1877
- Chester v. ComstockThe Superior Court of New York City · 1868
- Caylus v. New York, Kingston & Syracuse RailroadNew York Supreme Court · 1877