Legal Opinion

McClure v. Central Trust Co.

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1898PublishedCited by 1 opinion

Appeal by tlie plaintiff, William McClure, from a judgment of tlie Supreme Court in favor of the defendant, The Central Trust Company of New York, entered in the office of the clerk of the county of New York on the 13th day of July, 1897, upon the report of a referee. . The action was brought to recover $7,500 paid by the plaintiff to the defendant, The Central Trust Company, for stock of H. H. Warner & Company, Limited, which the plaintiff alleged that -he was induced to…

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Appeal by tlie plaintiff, William McClure, from a judgment of tlie Supreme Court in favor of the defendant, The Central Trust Company of New York, entered in the office of the clerk of the county of New York on the 13th day of July, 1897, upon the report of a referee. . The action was brought to recover $7,500 paid by the plaintiff to the defendant, The Central Trust Company, for stock of H. H. Warner & Company, Limited, which the plaintiff alleged that -he was induced to purchase in reliance upon false representations made by the defendants with intent to deceive the public generally and the…

1Opinion of the Court

*435Judgment affirmed, with costs, on the opinion of the referee.

Present — Van Brunt, P. J., Barrett, Rumsey, Patterson and McLaughlin, JJ.

The following is the opinion of the referee :

S. P. Nash, Referee :

On the 21st day of May, 1891, the. plaintiff paid to the defendant company the amount called for by his subscription, and received from the company a paper in the following form :

“ Received,” &c., “ on his application for shares of the ordinary (or common) stock of H. H. Warner & Co., Limited (A Corporation). Said application is made in accordance with the terms of the prospectus of April 28th,…

2Cases cited2 opinions

  1. Flandrow v. . HammondNew York Court of Appeals · 1895
  2. Scranton v. . ClarkNew York Court of Appeals · 1868

3Cited by1 opinion

  1. Altman v. American Foods, Inc.Supreme Court of North Carolina · 1964

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