Legal Opinion

Bloomquist v. . Farson

New York Court of Appeals

Decided January 29, 1918PublishedCited by 102 opinions

Appeal, in each of the above-entitled actions, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 27, 1915, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.

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Appeal, in each of the above-entitled actions, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 27, 1915, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The suit being based upon fraud, and the record being barren of any proof of fraud, the action cannot be maintained upon evidence which at most shows innocent misrepresentations due to mistake. (Dudley v.…

1Opinion of the CourtCrane, J.

These two actions have been tried together as the facts are the same in both. The relief sought is the recovery by the plaintiffs of bonds of the Union Traction Company of Kansas and the . Illinois Central Traction Company given to the defendants in exchange for bonds of the North Sterling Irrigation District in the county of Logan, and bonds of the Greeley Poudre Irrigation District in the county of Weld, in the state of Colorado. It is alleged that the exchange was effected by false representations made in the prospectus and by the defendants’ agent regarding these irrigation bonds. The…

2Cases cited18 opinions

  1. Lightfoot v. . DavisNew York Court of Appeals · 1910
  2. Hammond v. . PennockNew York Court of Appeals · 1874
  3. Schank v. . SchuchmanNew York Court of Appeals · 1914
  4. Taylor v. . Commercial BankNew York Court of Appeals · 1903
  5. Baron v. . KornNew York Court of Appeals · 1891

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3Cited by102 opinions

  1. Ultramares Corp. v. ToucheNew York Court of Appeals · 1931
  2. Pettis v. JohnstonSupreme Court of Oklahoma · 1920
  3. State of NY v. Cortelle Corp.New York Court of Appeals · 1975
  4. People v. Federated Radio CorporationNew York Court of Appeals · 1926
  5. Chapman v. Sheridan-Wyoming Coal Co.Supreme Court of the United States · 1950

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