Green v. . Des Garets
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 29, 1911, affirming a judgment in favor of defendant, respondent, entered upon a dismissal of the complaint as to him by the court at á Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. Upon the pleadings a good cause of action was stated against the defendant Waddington.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 29, 1911, affirming a judgment in favor of defendant, respondent, entered upon a dismissal of the complaint as to him by the court at á Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. Upon the pleadings a good cause of action was stated against the defendant Waddington. (Jacqueline v. Morning Journal, 39 App. Div. 515; Cragin v. O’Connell, 50 App. Div. 339; 169 N. Y. 573; Cohu v. Husson, 113 N. Y. 662; Davidson v. White…
1Opinion of the CourtCollin, J.
The action is founded on an alleged deceit by false representations. At the trial, after the jury was duly impaneled and sworn, the complaint was dismissed as to the defendant Waddington upon the ground that it failed to state a cause of action as to him. It, in its allegations, would have permitted evidence upon the part of the plaintiff that he purchased of Waddington and des Garets, the defendants, at the price of $25,000 paid by him to them, five hundred shares of the capital stock of a corporation, because of fraudulent representations made by des Garets, and thereby sustained…
2Cases cited6 opinions
- Krumm v. . BeachNew York Court of Appeals · 1884
- Miller v. . BarberNew York Court of Appeals · 1876
- Fairchild v. . McMahonNew York Court of Appeals · 1893
- Taylor v. . Commercial BankNew York Court of Appeals · 1903
- Davidson v. . Village of White PlainsNew York Court of Appeals · 1910
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3Cited by19 opinions
- Deyo v. . HudsonNew York Court of Appeals · 1919
- Angerosa v. White Co.Appellate Division of the Supreme Court of the State of New York · 1936
- McClung v. WattCalifornia Supreme Court · 1922
- Bailey v. London Guarantee & Accident Co.Indiana Court of Appeals · 1918
- Churchill v. St. George Development Co.Appellate Division of the Supreme Court of the State of New York · 1916
14 more not listed; retrieve them via the Exa API.