Wood v. Dudley
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John L. Dudley, Jr., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 23d day of November, 1917, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 21st day of December, 1917, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Page, J.:
The complaint states a cause of action to recover damages for false and fraudulent representations, containing the essential elements of such an action, representation, falsity, scienter, deception and injury. (Brackett v. Griswold, 112 N. Y. 454, 467.) The answer admits the making of the agreement but denies the other material allegations of the complaint. The facts that the jury were justified in fin ding from the evidence are as follows: The plaintiff had been engaged in the business of fire insurance in the city of New York for twenty-five years; that on and before the 1st day *138of…
2Cases cited8 opinions
- Brackett v. . GriswoldNew York Court of Appeals · 1889
- Smith v. BollesSupreme Court of the United States · 1889
- Kountze v. . KennedyNew York Court of Appeals · 1895
- Ochs v. . WoodsNew York Court of Appeals · 1917
- Krumm v. . BeachNew York Court of Appeals · 1884
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3Cited by16 opinions
- Clearview Concrete Products Corp. v. S. Charles Gherardi, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
- Commonwealth Fuel Co. v. McNeilSupreme Court of Connecticut · 1925
- Alden Auto Parts Warehouse, Inc. v. Dolphin Equipment Leasing Corp.Court of Appeals for the Second Circuit · 1982
- Big Top Stores, Inc. v. Ardsley Toy Shoppe, Ltd.New York Supreme Court · 1970
- Goodridge v. Harvey Group, Inc.District Court, S.D. New York · 1991
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