Wakeman v. . Dalley
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial district, reversing a judgment in favor of plaintiff entered upon the report of a referee, and ordering a new trial. This action was for fraud.
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Appeal from order of the General Term of the Supreme Court in the first judicial district, reversing a judgment in favor of plaintiff entered upon the report of a referee, and ordering a new trial. This action was for fraud. The complaint alleged, in substance, that the defendants combined to procure by fraud, from the Comptroller, a charter for the Webster Fire Insurance Company, and for that purpose procured worthless mortgages and made pretended deposits of money to the amount of $150,000, with the understanding that said money should be paid back to its real owners and fictitious…
1Opinion of the Court
The plaintiff, in his complaint, alleges fraud and conspiracy in the organization of the "Webster Fire Insurance Company," and in the abstraction of its funds, and charges false and fraudulent representations by the defendants in reference to its condition and capital, by which the plaintiff was deceived and induced to purchase a large amount of stock.
The proof showed that Dalley became a director of the company in May, 1855, long after the company was organized, and more than a month after it commenced business. There was no evidence showing that he had anything whatever to do with the…
2Cases cited7 opinions
- Bennett v. . JudsonNew York Court of Appeals · 1860
- Marsh v. FalkerNew York Court of Appeals · 1869
- Allen v. AddingtonNew York Supreme Court · 1831
- Meyer v. . AmidonNew York Court of Appeals · 1871
- Young & Otis v. CovellNew York Supreme Court · 1811
2 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Briggs v. SpauldingSupreme Court of the United States · 1891
- Reno v. . BullNew York Court of Appeals · 1919
- Hammond v. . PennockNew York Court of Appeals · 1874
- Arthur v. . GriswoldNew York Court of Appeals · 1874
- Pac. Vinegar & Pickle Works v. SmithCalifornia Supreme Court · 1907
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