Weidner v. . Phillips
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 the first Tuesday of January, 1886, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. The nature of the action and the facts are sufficiently 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 the first Tuesday of January, 1886, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. The nature of the action and the facts are sufficiently stated in the opinion. The defendant made no statement or representation upon which an action could be predicated, unaided by other concurrent circumstances tending to prove fraud. (Ellis v. Andrews, 56 N. Y. 83; Chrysler v. Canaday, 90 id. 272; Long v.…
1Opinion of the Court
Brown, J
This action was brought to recover damages for fraud in the sale or exchange of a lot of marble.
The plaintiff was the owner of real estate at Cherry Creek, in Chautauqua county, upon "which he carried on a hotel business. In the month of July, 1881, he sold this property to the defendant, and he alleged in his complaint, and claimed on the trial that, in the agreement for the sale, the price of the hotel property was fixed and agreed upon at the sum of $5,100, which sum defendant agreed to pay by assuming a mortgage of $1,000 on the property, and paying to plaintiff $1,100 in cash,…
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- Gates v. BowersAppellate Division of the Supreme Court of the State of New York · 1899
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