Churchill v. St. George Development Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles E. Churchill, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Erie on the 1st day of November, 1915, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case, and also from an order entered in said clerk’s office on the 15th day of November, 1915, denying plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Lambert, J.:
By this action the plaintiff seeks damages growing out of a purchase by him of certain stock in the defendant corporation. The defendants, other than the corporation, were all officers and directors thereof at the time of the transfer out of which the action arose. None of such individual defendants, except Day and Decker, were served.
Controversy has arisen relative to the character of the action, and the relative position of the three defendants litigating depends to some extent on whether the action is generally for damages occasioned by fraud or is in form assumpsit for the…
2Cases cited8 opinions
- Rothschild v. . MackNew York Court of Appeals · 1889
- Downey v. . FinucaneNew York Court of Appeals · 1912
- Northrop v. . HillNew York Court of Appeals · 1874
- Laska v. . HarrisNew York Court of Appeals · 1915
- Green v. . Des GaretsNew York Court of Appeals · 1913
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Bloomquist v. . FarsonNew York Court of Appeals · 1918
- Abel v. PaternoAppellate Division of the Supreme Court of the State of New York · 1935
- P. S. & A. Realties, Inc. v. Lodge Gate Forest, Inc.New York Supreme Court · 1954
- Fuhrman v. American National Building & Loan Ass'nCalifornia Court of Appeal · 1932
- Bystrom v. VillardAppellate Division of the Supreme Court of the State of New York · 1916
12 more not listed; retrieve them via the Exa API.