Cushman v. Amend
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Lewis A. Cushman, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 27th day of June, 1916, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 5th day of June, 1916, denying plaintiff’s motion for a new trial made upon the minutes, together with notice of an intention to bring up for review an order entered in said clerk’s office on…
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Appeal by the plaintiff, Lewis A. Cushman, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 27th day of June, 1916, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 5th day of June, 1916, denying plaintiff’s motion for a new trial made upon the minutes, together with notice of an intention to bring up for review an order entered in said clerk’s office on the 27th day of March, 1916, overruling a demurrer to the counterclaim.-
1Opinion of the Court
Scott, J.:
The plaintiff sues upon a promissory note for $1,500 made by defendant and acquired by plaintiff for value. The defendant has successfully defeated a recovery upon the note, and has in addition obtained a judgment against plaintiff for upwards- of $6,000 damages upon the plea that he was induced to purchase stock in a corporation known as the Blaugas Company of Cuba by means of false and fraudulent representations made to him by one Charles H. O’Neill, then president of the company. It is not claimed that plaintiff actually authorized O’Neill to make any false representations, or…
2Cases cited4 opinions
- Downey v. . FinucaneNew York Court of Appeals · 1912
- Taylor v. . Commercial BankNew York Court of Appeals · 1903
- Rives v. . BartlettNew York Court of Appeals · 1915
- Ottmann v. Blaugas Co.Appellate Division of the Supreme Court of the State of New York · 1916
3Cited by2 opinions
- Martin v. Gotham National BankNew York Supreme Court · 1925
- Phillips v. United States Fidelity & Guaranty Co.Appellate Division of the Supreme Court of the State of New York · 1922