Ball v. Gerard
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Julian M. Gerard and another, from an order of the Supreme Court, made at the New York ■ Special Term and entered in the office of the clerk of the county of New York on the 7th day of August, 1913, denying their motion for judgment on the pleadings.
1Opinion of the Court
Clarke, J.:
This is an action at law for damages for deceit and not an action to rescind.
The complaint alleges that on or about the 19th day of November, 1906,. defendants fraudulently caused to be prepared, published and delivered and generally distributed a prospectus, a copy of which was attached to the complaint, and fraudulently caused to be delivered to the plaintiff a copy of said prospectus for the purpose of inducing the investing public in general and all persons into whose hands such prospectus should come, including the plaintiff, in reliance upon the statements contained therein,…
2Cases cited6 opinions
- Troup v. Executors of SmithNew York Supreme Court · 1822
- Northrop v. . HillNew York Court of Appeals · 1874
- Leonard v. PitneyNew York Supreme Court · 1830
- Miller v. . WoodNew York Court of Appeals · 1889
- Isman v. LoringAppellate Division of the Supreme Court of the State of New York · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- American Indemnity Co. v. Ernst & ErnstCourt of Appeals of Texas · 1937
- Dennin v. PowersNew York Supreme Court · 1916
- Reusens v. GerardAppellate Division of the Supreme Court of the State of New York · 1914
- Mecum v. MooyerAppellate Division of the Supreme Court of the State of New York · 1915
- King v. KingNew York Supreme Court · 1950