Miller v. . Barber
New York Court of Appeals
Appear from judgment of the General Term of the Supreme Court in the third judicial department in favor of plaintiff, entered upon an order denying á motion for a new ¿rial and directing judgment on a verdict. (Memorandum of decision below, 4 Hun, 802.) This action was brought to recover damages sustained in the purchase of certain stock by plaintiff of defendants, which purchase was alleged to have been induced by fraudulent representations on the part of defendants.
Read the full summary
Appear from judgment of the General Term of the Supreme Court in the third judicial department in favor of plaintiff, entered upon an order denying á motion for a new ¿rial and directing judgment on a verdict. (Memorandum of decision below, 4 Hun, 802.) This action was brought to recover damages sustained in the purchase of certain stock by plaintiff of defendants, which purchase was alleged to have been induced by fraudulent representations on the part of defendants. The complaint alleged, in substance, that defendants falsely and fraudulently represented that' they had'organized a' company…
1Opinion of the CourtAndrews, J.
The objection was taken on the trial, that the plaintiff could not maintain the action, for the reason that he did not return or offer to return to the defendants the certificates of stock in the “ Union Patent Eight Compay,” issued to him on his subscription to the capital stock, within a reasonable time after the discovery of the alleged fraud.
The validity of this objection depends on the character of the action. The complaint contains all the allegations essential in an action for deceit in inducing the plaintiff by fraudulent representations to purchase a worthless stock. The scienter was…
2Cases cited4 opinions
- Hubbell v. . MeigsNew York Court of Appeals · 1872
- Hall v. . NaylorNew York Court of Appeals · 1859
- Thomas v. . BeebeNew York Court of Appeals · 1862
- People v. ParishNew York Supreme Court · 1847
3Cited by52 opinions
- People v. SeamanMichigan Supreme Court · 1895
- Haines v. TerritoryWyoming Supreme Court · 1887
- Beare v. J.A. WrightNorth Dakota Supreme Court · 1905
- Herfort v. CramerSupreme Court of Colorado · 1884
- Stevens v. Mayor, Aldermen & Commonalty of New YorkNew York Court of Appeals · 1881
47 more not listed; retrieve them via the Exa API.