Legal Opinion

Irlbacker v. Roth

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

Decided February 15, 1898PublishedCited by 2 opinions

■ Appeal by the defendant, Philip W. Roth, from a judgment of the Supreme Court in favor of the plaintiff’s, entered in the office of the clerk of the county of Erie on the 28th day of June, 1897, upon-the. report of a referee, for $3,295.08 damages, besides costs. Exceptions were filed to the referee’s report. Ho motion for a non-suit appears in the appeal book. The case contains all the evidence.

1Opinion of the Court

Hardin, P. J.: .

In August, 1893, the defendant was president of the South Buffalo Ratural Gas Company, having been instrumental in. its organization, and was at the same time the owner of quite a large block of its stock, and with a view of obtaining the, plaintiffs’ subscription for some of what was denominated “ Treasury Stock,” held ■ an interview with them and made certain representations and statements which induced the plaintiffs to subscribe for thirty shares of the capital stock of such company. ■

In his findings of fact the referee says : “ That in the month of August, 1893, the…

2Cases cited4 opinions

  1. Crane v. . PowellNew York Court of Appeals · 1893
  2. Barnard v. . GantzNew York Court of Appeals · 1893
  3. Wooster v. . SageNew York Court of Appeals · 1876
  4. Bowdish v. BriggsAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by2 opinions

  1. Geneva Mineral Spring Co. v. CourseyAppellate Division of the Supreme Court of the State of New York · 1899
  2. Brown v. BrittonAppellate Division of the Supreme Court of the State of New York · 1899

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