Fletcher v. MacGinniss
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Austin B. Fletcher and another, as executors, etc., from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 26th day of February, 1915, overruling a demurrer to the counterclaim set up in the answer.
1Opinion of the Court
Laughlin, J. :
This action is brought to recover $3,642.95 damages for deceit.
The plaintiffs allege that their testator, who died on the 1st day of September, 1908, leaving a last will and testament, upon which letters testamentary were issued to them, was induced on or about the 5th day of June, 1908, by specified false and fraudulent representations made by the defendant, upon which he relied, to agree to pay to the defendant the sum of $11,283.65, to be used for the payment of certain indebtedness “ for labor and otherwise ” theretofore incurred for the erection of a mill upon certain…
2Cases cited7 opinions
- Douglass v. Phenix InsuranceNew York Court of Appeals · 1893
- Jordan v. . National Shoe and Leather BankNew York Court of Appeals · 1878
- Cragin v. . LovellNew York Court of Appeals · 1882
- Reiners v. BrandhorstNew York Supreme Court · 1879
- Sbarboro v. Health DepartmentAppellate Division of the Supreme Court of the State of New York · 1898
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3Cited by2 opinions
- Denton v. DetweilerIdaho Supreme Court · 1929
- John Hoene Implement, Inc. v. PetersIdaho Supreme Court · 1958