Simar v. . Canaday
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, setting aside a verdict in favor of plaintiffs and granting a new trial.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, setting aside a verdict in favor of plaintiffs and granting a new trial. The plaintiffs are husband and wife, and brought this action jointly to recover damages for an alleged fraud on the part of defendant in inducing plaintiffs to convey to defendant certain premises known as the Hewtonville property,” situate near Albany, and to receive in part payment therefor three bonds and mortgages of $1,000 each, which plaintiff alleged to be worthless. The property conveyed was owned by Mr. Simar. The three…
1Opinion of the CourtForger, J.
The respondent has a right to show in this court other ground for sustaining the order of the General Term granting a new trial than that upon which the decision was there put. It is, therefore, necessary to consider all the points made by him at the trial, and which are renewed here.
The defendant moved at the circuit to dismiss the complaint, and was denied. The motion was put upon different grounds.
1st. That the plaintiffs could not maintain a joint action, and that there was thereby a misjoinder of parties plaintiff. This point is not rested upon the marital relation of the plaintiffs, and…
2Cases cited15 opinions
- Mills v. . Van VoorhiesNew York Court of Appeals · 1859
- Hubbell v. . MeigsNew York Court of Appeals · 1872
- Moore v. . the Mayor, Aldermen, C., of New YorkNew York Court of Appeals · 1853
- Fellows v. FellowsCourt for the Trial of Impeachments and Correction of Errors · 1825
- Jackson v. EdwardsNew York Court of Chancery · 1839
10 more not listed; retrieve them via the Exa API.
3Cited by162 opinions
- Latham v. Father DivineNew York Court of Appeals · 1949
- The Edward Barron Estate Co. v. the Woodruff Co.California Supreme Court · 1912
- Speed v. HollingsworthSupreme Court of Kansas · 1894
- Cristallina S. A. v. Christie, Manson & Woods International, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
- In re the Probate of the Last Will & Testament of EnoAppellate Division of the Supreme Court of the State of New York · 1921
157 more not listed; retrieve them via the Exa API.