Downey v. . Finucane
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 15, 1911, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 15, 1911, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. As it was claimed that the defendants were liable both as directors and as members of the syndicate, and the case was submitted to the jury on that theory, it was error to refuse to charge that “if Hr. Fehn was selling the bonds for the United States Independent Telephone Company and not for the syndicate then he…
1Opinion of the CourtWillard Bartlett, J.
This is a civil action to recover damages for fraud and deceit. There was a general verdict in favor of the plaintiff and twenty special questions were submitted to the jury to answer.
A curious feature in the record is the form of the verdict as originally rendered. After announcing that the jury had agreed, the foreman said: “We find for the plaintiff in the sum of $1,212.93 and recommend the clemency of the court for Messrs. Eastman, Sibley, Strong and Watson.”
It is suggested that the nature of the action had not been brought clearly within the comprehension of jurors who could agree upon…
2Cases cited10 opinions
- Arthur v. . GriswoldNew York Court of Appeals · 1874
- Hayward v. LessonMassachusetts Supreme Judicial Court · 1900
- Wiser v. LawlerSupreme Court of the United States · 1903
- Morgan v. . SkiddyNew York Court of Appeals · 1875
- Schmidt v. Chicago & Northwestern Ry. Co.Illinois Supreme Court · 1876
5 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Reno v. . BullNew York Court of Appeals · 1919
- People v. DoranNew York Court of Appeals · 1927
- Gabriel v. BorowyMassachusetts Supreme Judicial Court · 1949
- In Re the Accounting of PeckNew York Court of Appeals · 1912
- Ainger v. Michigan General Corp.District Court, S.D. New York · 1979
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