Legal Opinion

Jex v. . Straus

New York Court of Appeals

Decided October 7, 1890PublishedCited by 26 opinions

Appeal from judgment of the G-eneral Term of the Superior Court of the city of New York, entered upon an order made June 1, 1887, which affirmed an interlocutory judgment sustaining a demurrer to plaintiffs’ complaint. This action was brought to recover damages alleged to have been caused by fraudulent misrepresentation.

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Appeal from judgment of the G-eneral Term of the Superior Court of the city of New York, entered upon an order made June 1, 1887, which affirmed an interlocutory judgment sustaining a demurrer to plaintiffs’ complaint. This action was brought to recover damages alleged to have been caused by fraudulent misrepresentation. The complaint- alleged in substance the following facts: Plaintiffs, for some years prior to June 30,1886, were engaged in trade between the city of New York and the Central American states and owned various warehouses and other property at Corn island, within the…

1Opinion of the CourtVann, J.

According to the complaint, such pecuniary damages as the plaintiffs sustained were caused by the following acts only, to wit: (1) The captain of the “ City of Mexico ” “by concealment of her true character, or by threats or fraud,” procured from the agent of the plaintiffs certain money and supplies belonging to them, for which they have not been paid. (-2) General Delgado landed at Corn island from said vessel with certain of his followers and “ unlawfully and' improperly entered plaintiffs’ buildings and property,” where they held meetings and made speeches, announcing their intention of…

2Cases cited1 opinion

  1. Ryan v. . New York Central RailroadNew York Court of Appeals · 1866

3Cited by26 opinions

  1. Deyo v. . HudsonNew York Court of Appeals · 1919
  2. Rockefeller v. MerrittCourt of Appeals for the Eighth Circuit · 1896
  3. Hall v. . New York Telephone Co.New York Court of Appeals · 1915
  4. Wheelwright v. VanderbiltOregon Supreme Court · 1914
  5. Beetz v. City of BrooklynAppellate Division of the Supreme Court of the State of New York · 1896

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