Legal Opinion

Parsons v. Johnson

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

Decided July 1, 1898PublishedCited by 9 opinions

Appeal by the defendants, William H. Johnson and another, from a judgment- of the Supreme Court in favor of the plaintiff as against the said defendants, entered in the office of the clerk of the county of Erie on the 24th day of May, 1897, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 7th day of December, 1897, denying the said defendants’ motion for a new trial made upon a case containing exceptions.

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Appeal by the defendants, William H. Johnson and another, from a judgment- of the Supreme Court in favor of the plaintiff as against the said defendants, entered in the office of the clerk of the county of Erie on the 24th day of May, 1897, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 7th day of December, 1897, denying the said defendants’ motion for a new trial made upon a case containing exceptions. The action was commenced in Erie county in March, 1896, to recover of the appellants and Henry J. Wilkes, a majority of the directors of the “ Buffalo…

1Opinion of the Court

Ward, J.:

Upon the trial evidence was given by both sides as to the value of the land upon the island conveyed to the defendant Johnson, but it was only received by the trial court upon the question of the plaintiff’s good faith in'purchasing the stock'. -The court in its charge said: “Now, the measure of damages in this case, if you believe that Parsons relied upon the contents of this annual report of 1895, and that it was false in any material representation, the measure of damages for your guidance in this case, in determining the amount of your verdict, is the difference between the value…

2Cases cited3 opinions

  1. Eaton, Cole Burnham Co. v. . AveryNew York Court of Appeals · 1880
  2. Whitney v. . AllaireNew York Court of Appeals · 1848
  3. Morse v. SwitsNew York Supreme Court · 1859

3Cited by9 opinions

  1. Meyers v. MoodyCourt of Appeals for the Fifth Circuit · 1982
  2. Cook v. Ruston Oil Mills & Fertilizer Co.Supreme Court of Louisiana · 1930
  3. Greene v. Mercantile Trust Co.New York Supreme Court · 1908
  4. Coughlin v. State BankOregon Supreme Court · 1926
  5. Fed. Sec. L. Rep. P 99,028 David C. Meyers v. Shearn Moody, Jr., Bernard Haines v. Shearn Moody, Jr., Tharpe Forrester, Receiver-Appellee v. Shearn Moody, Jr.Court of Appeals for the Fifth Circuit · 1982

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