Kountze v. . Kennedy
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made October 13, 1893, which affirmed a judgment in favor of defendant entered upon the report of a referee. This was an action to recover damages for fraud and deceit alleged to have been practiced by John P. Kennedy, by which plaintiffs claimed to have been induced to purchase certain bonds and stock of the Howe Machine Company from that company.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made October 13, 1893, which affirmed a judgment in favor of defendant entered upon the report of a referee. This was an action to recover damages for fraud and deceit alleged to have been practiced by John P. Kennedy, by which plaintiffs claimed to have been induced to purchase certain bonds and stock of the Howe Machine Company from that company. The action was originally brought against John P. Kennedy He died before this appeal was taken, and his executor was substituted…
1Opinion of the Court
Andkews, Oh. J.
The plaintiffs on this appeal are met by the serious difficulty that the finding of the referee, affirmed by the General Term, exonerated the defendant’s testator from the charge of fraud in making the representations upon which the plaintiffs relied in purchasing the bonds and stock of the Howe Machine Company. If this finding has support in the evidence it ends all controversy upon the merits here, because, although it was found that the statement of the liabilities of the company presented by Kennedy to the plaintiffs, upon the faith of which the purchase was made, was…
2Cited by117 opinions
- Ultramares Corp. v. ToucheNew York Court of Appeals · 1931
- Reno v. . BullNew York Court of Appeals · 1919
- Martens Chevrolet, Inc. v. SeneyCourt of Appeals of Maryland · 1982
- Hindman v. First Nat. Bank of LouisvilleCourt of Appeals for the Sixth Circuit · 1902
- State Street Trust Co. v. ErnstNew York Court of Appeals · 1938
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