Andrews v. Prince
New York Supreme Court
' Before Davis, P. J., Brady and Daniels, JJ. Appeal from an order vacating-an order for the examination of James R. Keene, one of the defendants, as a party before trial. . .
1Opinion of the CourtBrady, J.
— This action is one which, under the old system, would be embraced with those designated as actions on tort, and rests upon charges of fraud and deceit for the purpose of obtaining money. The first allegation in the complaint is that the defendants and others unknown to the plaintiff, for the purpose of obtaining money by fraud and deceit, on or about a certain day procured the organization of two companies; and it is further charged that in pursuance of such fraudulent and deceitful purpose the defendants did certain things particularly set out, and, further, that the money received from…
2Cases cited1 opinion
- Corbett v. De ComeauThe Superior Court of New York City · 1878