Townsend v. . Felthousen
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court in the fifth judicial department, entered October 28, 1895, afiirminga judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the late General Term of the Supreme Court in the fifth judicial department, entered October 28, 1895, afiirminga judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The motion for a nonsuit at the end of the plaintiff’s case, and at the end of the whole case, should have been granted, for there was no evidence of fraud, and no evidence that Townsend relied upon Felthousen’s statement instead of his own judgment. (Kountze v.…
1Opinion of the CourtGray, J.
This action was brought to recover damages for the fraud alleged to have been practiced upon the plaintiff by the defendant in the sale of shares of the capital stock of a corporation, known as the Buffalo Steam Pump Company. The plaintiff’s attention had been attracted to an advertisement, in FTovember, 1890, inserted by the defendant and offering his interest in the company for sale. He communicated with the defendant and, thereupon, negotiations, were set on foot and conducted, in interviews and in correspondence, which resulted in the purchase of the defendant’s 625 shares of the stock,…
2Cases cited3 opinions
- Loos v. . WilkinsonNew York Court of Appeals · 1888
- Sandford v. HandyNew York Supreme Court · 1840
- Fairchild v. . McMahonNew York Court of Appeals · 1893
3Cited by7 opinions
- Girard Et Ux. v. Vt. Mut. Fire Ins. Co.Supreme Court of Vermont · 1931
- Hill v. International Products Co.New York Supreme Court · 1925
- Hotaling v. A. B. Leach & Co.City of New York Municipal Court · 1926
- Meritas Realty Co. v. FarleyAppellate Division of the Supreme Court of the State of New York · 1915
- Whitney v. CrouchNew York Supreme Court · 1918
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