Fox v. Duffy
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John M. Duffy, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office- of the clerk of the county of Kings on the 19th day of October, 1903, upon the decision of the court rendered after a trial at the Kings County Special Term overruling the defendant’s demurrer to the plaintiff’s complaint.
1Opinion of the Court
Jenks, J.:
The complaint and demurrer establish that the facts are as follows : The plaintiff owned premises worth $3,000, The defendant, to deceive and defraud her, falsely represented to her that if she did not sell the premises to him, “ one John Scully, who was then the owner and holder of a certain mortgage on the said premises, would foreclose the same, and that this plaintiff would lose all her interest in the premises and get nothing for it.” The defendant made these representations to induce the plaintiff to sell the premises to him, and the plaintiff, believing them and induced by…
2Cases cited8 opinions
- Ball v. State of New YorkNew York Court of Appeals · 1977
- Simar v. . CanadayNew York Court of Appeals · 1873
- Mead v. . BunnNew York Court of Appeals · 1865
- Hickey v. . MorrellNew York Court of Appeals · 1886
- People of State of New York v. . BlanchardNew York Court of Appeals · 1882
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3Cited by5 opinions
- Cofield v. GriffinSupreme Court of North Carolina · 1953
- Bareham & McFarland, Inc. v. KaneAppellate Division of the Supreme Court of the State of New York · 1930
- Isman v. LoringAppellate Division of the Supreme Court of the State of New York · 1909
- Gabriel v. GrahamAppellate Division of the Supreme Court of the State of New York · 1915
- Jerger v. RubinCourt of Appeals of Arizona · 1969