Elliott v. . Brady
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 12, 1907, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 12, 1907, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The rule of law that only parties to a sealed instrument can assert a cause of action or defense arising out of it does not apply to this case; the defense of fraud is available to the appellants. (McCreery v. Day, 119 N. Y. 1; McIntosh v. Miner, 37 App. Div, 483; Bridger v. Goldsmith, 143 N.…
1Opinion of the CourtChase, J.
Judgment has been obtained against the appellants on four promissory notes made by the Industrial Securities Company to its order, and indorsed by it and by them. In October, 1902, negotiations were entered into by the appellants with the respondent relating to the purchase of a controlling interest in the stock of the Southern Car and Foundry Company. The terms of a contract for such jmrchase were agreed upon and it was further agreed that the contract should be made with one Paine. On October 21, 1902, the respondent and said Paine entered into a written contract under seal by which the…
2Cases cited7 opinions
- Briggs v. . PartridgeNew York Court of Appeals · 1876
- Gillespie v. . TorranceNew York Court of Appeals · 1862
- Schaefer v. . HenkelNew York Court of Appeals · 1878
- Lasher v. . WilliamsonNew York Court of Appeals · 1874
- American Guild v. . DamonNew York Court of Appeals · 1906
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