Legal Opinion

National Trust Co. v. . Gleason

New York Court of Appeals

Decided April 27, 1879PublishedCited by 60 opinions

Appeal from judgment of the General Term of the Superior Court, of the city of New York, - affirming a judgment in favor of plaintiff, entered upon a verdict. The nature of the action and the facts are set forth sufficiently in the opinion. The testimony of Pettis was incompetent. (3 R. S. [Banks’ 6th ed.], 994, § 43; Const., Art. 3, § 5; Freeman v. Frank, 10 Abb. Pr., 371; Miller v. Finkle, 1 Park. Cr., 377; O'Brien v. Hagan, 1 Duer, 664; 1 Greenl.

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Appeal from judgment of the General Term of the Superior Court, of the city of New York, - affirming a judgment in favor of plaintiff, entered upon a verdict. The nature of the action and the facts are set forth sufficiently in the opinion. The testimony of Pettis was incompetent. (3 R. S. [Banks’ 6th ed.], 994, § 43; Const., Art. 3, § 5; Freeman v. Frank, 10 Abb. Pr., 371; Miller v. Finkle, 1 Park. Cr., 377; O'Brien v. Hagan, 1 Duer, 664; 1 Greenl. Ev. [Redf. ed.], §§ 449, 461.) When an action is brought to recover damages for fraud, or to rescind a sale brought about by fraud,…

1Opinion of the CourtRaparlo, J.

The complaint in this action avers that about the 5th of July, 1873, the defendants were possessed of certain documents purporting to be forty-two first mortgage bonds of the Buffalo, New York and Erie Railroad Company, and that they obtained and received from the plaintiff $30,000 on the deposit of said pretended bonds with the plaintiff as security, but the plaintiff afterwards discovered that said bonds were forged and worthless, wherefore it alleges that the defendants have had and received to and for the use of the plaintiff the sum of $30,000, are indebted to the plaintiff in that sum.…

2Cases cited1 opinion

  1. Sims v. . SimsNew York Court of Appeals · 1878

3Cited by60 opinions

  1. Logan v. United StatesSupreme Court of the United States · 1892
  2. Friar v. Vanguard Holding Corp.Appellate Division of the Supreme Court of the State of New York · 1980
  3. Queenan v. Territory of OklahomaSupreme Court of Oklahoma · 1901
  4. Barnes v. Eastern & Western Lumber Co.Oregon Supreme Court · 1955
  5. State Ex Rel. Olson v. LangerNorth Dakota Supreme Court · 1934

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