Bridger v. . Goldsmith
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of Hew York, entered upon an order made the first Monday of March, 1893, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This was an action upon a contract, the material provisions of which, 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 Court of Common Pleas for the city and county of Hew York, entered upon an order made the first Monday of March, 1893, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This was an action upon a contract, the material provisions of which, and the facts, so far as material, are stated in the opinion. The plaintiff cannot maintain this action because of the covenant or agreement which he made under seal, that the defendant had not in any manner or form stated, made or represented to…
1Opinion of the CourtO’Brien, J.
The judgment in this case awards equitable relief to the plaintiff, rescinding and declaring void for fraud a written contract made by the parties on the 16th day of March, 1891. By this contract the defendant sold to the plaintiff for $3,000 his business, fixtures and other property, including three upright pianos in his store or place of business in the city of New York. The plaintiff went into the possession of the store and the goods, having paid $2,500 of the purchase price, and soon after ascertained that he had been induced to enter into the contract and make the payment by means of…
2Cases cited6 opinions
- Steel v. Smelting Co.Supreme Court of the United States · 1882
- Kneettle v. . NewcombNew York Court of Appeals · 1860
- Wilcox v. . HowellNew York Court of Appeals · 1871
- Smyth v. . MunroeNew York Court of Appeals · 1881
- Universal Fashion Co. v. SkinnerNew York Supreme Court · 1892
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3Cited by85 opinions
- Dallas Aerospace, Inc., Plaintiff-Counter-Defendant-Appellant v. Cis Air Corporation, Defendant-Counter-Claimant-AppelleeCourt of Appeals for the Second Circuit · 2003
- Danann Realty Corp. v. HarrisNew York Court of Appeals · 1959
- Sabo v. DelmanNew York Court of Appeals · 1957
- Bates v. SouthgateMassachusetts Supreme Judicial Court · 1941
- Manufacturers Hanover Trust Company v. Nicholas Yanakas, Charles Buonincontri and Camille BuonincontriCourt of Appeals for the Second Circuit · 1993
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