Elliott v. . Brady
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 12, 1907, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. 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 Appellate Division of the Supreme Court in the first judicial department, entered March 12, 1907, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The rule of law that only parties to a sealed instrument can assert a cause of action or defense arising out of it does not apply to this case; the defense of fraud is available to the appellants. (McCreery v. Day, 119 N. Y. 1; McIntosh v. Miner, 37 App. Div, 483; Bridger v. Goldsmith, 143 N.…
1Opinion of the Court
Judgment has been obtained against the appellants on four promissory notes made by the Industrial Securities Company to its order, and indorsed by it and by them. In October, 1902, negotiations were entered into by the appellants with the respondent relating to the purchase of a controlling interest in the stock of the Southern Car and Foundry Company. The terms of a contract for such purchase were agreed upon and it was further agreed that the contract should be made with one Paine. On October 21, 1902, the respondent and said Paine entered into a written contract under seal by which the…
2Cases cited8 opinions
- Briggs v. . PartridgeNew York Court of Appeals · 1876
- Gillespie v. . TorranceNew York Court of Appeals · 1862
- Schaefer v. . HenkelNew York Court of Appeals · 1878
- Lasher v. . WilliamsonNew York Court of Appeals · 1874
- American Guild v. . DamonNew York Court of Appeals · 1906
3 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Walcutt v. Clevite Corp.New York Court of Appeals · 1963
- Ettlinger v. . National Surety Co.New York Court of Appeals · 1917
- Frankel v. ICD Holdings S.A.District Court, S.D. New York · 1996
- Carnegie Trust Co. v. First National BankNew York Court of Appeals · 1915
- European American Bank v. LofreseAppellate Division of the Supreme Court of the State of New York · 1992
30 more not listed; retrieve them via the Exa API.