Eppley v. . Kennedy
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 11, 1909, 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 court erred in refusing to allow defendant to offer evidence of fraud. (Williamson v. Wager, 90 App. Div. 186; Babcock v. Anson, 122 App.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 11, 1909, 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 court erred in refusing to allow defendant to offer evidence of fraud. (Williamson v. Wager, 90 App. Div. 186; Babcock v. Anson, 122 App. Div. 73; Town of Hadley v. Garner, 116 App. Div. 68; Baylies’ Code Pl. & Pr. 231; Homire v. Rodgers, 74 Iowa, 395; Farnham v. Le Bolt & Co., 133 App.…
1Opinion of the CourtHiscock, J.
This is an action brought to recover the purchase price agreed to be paid for the stock and property of a street railroad corporation. While the underlying agreement upon which the action is based has given rise to some uncertainty by reason of its indefinite and incomplete provisions, most of the questions discussed on this appeal have been precipitated by the pleadings which are not very artificially drawn, the answer especially being legitimately subject to much criticism.
Several of the questions which the appellant seeks to argue concerning the sufficiency of plaintiff’s complaint and of…
2Cases cited10 opinions
- Rochester Railway Co. v. RobinsonNew York Court of Appeals · 1892
- Wall v. . the Buffalo Water Works CompanyNew York Court of Appeals · 1858
- Lampman v. BruningSupreme Court of Iowa · 1903
- Commonwealth Title Insurance & Trust Co. v. DokkoSupreme Court of Minnesota · 1898
- Sweeney v. . O'DwyerNew York Court of Appeals · 1910
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3Cited by4 opinions
- St. Lawrence County National Bank v. WatkinsAppellate Division of the Supreme Court of the State of New York · 1912
- Shipman v. TreadwellAppellate Division of the Supreme Court of the State of New York · 1912
- Wood Manufacturing & Realty Co. v. JohnstoneAppellate Division of the Supreme Court of the State of New York · 1912
- Stein v. FreundAppellate Division of the Supreme Court of the State of New York · 1925