Potts v. Lambie
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Frank Gr. Potts, from an interlocutory judgment of the - Supreme Court in favor of the defendant (as amended), entered in the office of the cleric of the county of New York on the 7th day of January, 1910, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the plaintiff’s demurrer to new matter set up as a defense in the amended answer.
1Opinion of the Court
Laughlin, J.:
This action is brought to recover damages for fraud and deceit by which the defendant induced the plaintiff to purchase certain shares of the capital stock of the New York Export and Import Company, a corporation organized under the laws of New Jersey.
One of the grounds upon which the respondent attempts to sustain the judgment is that the complaint is bad. We are of opinion that the complaint contains every allegation material to such a cause of action. It is therein charged that the defendant was the president of this corporation ; that he was familiar with its financial…
2Cases cited5 opinions
- Pryor v. . FosterNew York Court of Appeals · 1891
- Miller v. . BarberNew York Court of Appeals · 1876
- St. John v. HendricksonIndiana Supreme Court · 1882
- New York Land Improvement Co. v. ChapmanNew York Court of Appeals · 1890
- Potts v. LambieNew York Supreme Court · 1909
3Cited by7 opinions
- Clearview Concrete Products Corp. v. S. Charles Gherardi, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
- Braddock v. BraddockAppellate Division of the Supreme Court of the State of New York · 2009
- Petrello v. WhiteDistrict Court, E.D. New York · 2006
- Friedman v. LibinNew York Supreme Court · 1956
- Driggs v. HendricksonAppellate Terms of the Supreme Court of New York · 1915
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