Bird v. Lanphear
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Earl M. Lanphear, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Steuben on the 17th clay of February, 1896, upon the decision of the court rendered after a trial at the Erie Special Term overruling the said defendant’s demurrer to the complaint, and also from an order entered in said clerk’s office on the 17th day of February, 1896, upon which said judgment was…
Read the full summary
Appeal by the defendant, Earl M. Lanphear, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Steuben on the 17th clay of February, 1896, upon the decision of the court rendered after a trial at the Erie Special Term overruling the said defendant’s demurrer to the complaint, and also from an order entered in said clerk’s office on the 17th day of February, 1896, upon which said judgment was entered. The facts are fully stated in the dissenting opinion of Follett, J.
1Opinion of the Court
Hardin, P. J:
Plaintiff’s complaint contains extensive and elaborate allegations of fraudulent acts and schemes and devices of the defendants, whereby they have obtained possession of moneys of the plaintiff *614and others, and induced the plaintiff and others to enter into contracts for the purchase of three parcels of real estate in Tonawanda, Erie county. Plaintiff seeks to have an accounting of the moneys which he alleges the defendants have obtained by means of false and fraudulent representations practiced upon him and his associates. The plaintiff evokes the equitable jurisdiction of the…
2Cases cited3 opinions
- American Sugar Refining Co. v. FancherNew York Court of Appeals · 1895
- Calkins v. . SmithNew York Court of Appeals · 1872
- Bird v. LanphearNew York Supreme Court · 1895
3Cited by3 opinions
- MacCromac v. TobeyAppellate Division of the Supreme Court of the State of New York · 1905
- Rowe v. RoweAppellate Division of the Supreme Court of the State of New York · 1905
- Rowe v. RoweAppellate Division of the Supreme Court of the State of New York · 1905