Neftel v. . Lightstone
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, affirming a judgment in favor of plaintiff, entered upon a verdict. The nature of the action and the facts appear sufficiently in the opinion No recovery could be had in the present form of action, unless the alleged false representations, wrongful conversion and wrongful and fraudulent acts of defendant are proved.
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Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, affirming a judgment in favor of plaintiff, entered upon a verdict. The nature of the action and the facts appear sufficiently in the opinion No recovery could be had in the present form of action, unless the alleged false representations, wrongful conversion and wrongful and fraudulent acts of defendant are proved. (Barnes v. Quigley, 59 N. Y., 265; Ross v. Mather, 51 id., 108; Degraw v. Elmore, 50 id., 1; Elwood v. Gardner, 45 id., 354; Dudley v. Scranton, 57 id.. 424; Ledwich…
1Opinion of the CourtEarl, J.
The defendant was a real estate broker in the city of New York, and in J une, 1870, the plaintiff negotiated with him for the purchase of a house. The complaint alleges that upon the representation of the defendant that it was necessary for the plaintiff, in order to secure the house, to deposit with him $1,500, he did place in defendant’s hands two checks for that sum, upon the agreement by him that ho would return the same to the plaintiff, if he (the plaintiff) afterward, upon inquiry concerning the house, concluded not to purchase the same ; that the plaintiff did afterward, upon inquiry,…
2Cases cited3 opinions
- Wood v. Jackson ex dem. GenetCourt for the Trial of Impeachments and Correction of Errors · 1829
- Conaughty v. . NicholsNew York Court of Appeals · 1870
- Dunckel v. . WilesNew York Court of Appeals · 1854
3Cited by22 opinions
- Walrath v. . Hanover Fire Ins. Co.New York Court of Appeals · 1915
- Crane v. . McDonaldNew York Court of Appeals · 1890
- People v. . WoodNew York Court of Appeals · 1890
- Sparman v. . KeimNew York Court of Appeals · 1880
- Braithwaite v. AkinNorth Dakota Supreme Court · 1893
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