Bond v. Smith
New York Supreme Court
PPEAL by defendants from an order at ,the special term reviving an action against the executors of a deceased defendant and directing it to be severed as between the executors and the other defendants thereto, and to proceed as two separate actions.
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PPEAL by defendants from an order at ,the special term reviving an action against the executors of a deceased defendant and directing it to be severed as between the executors and the other defendants thereto, and to proceed as two separate actions. The action was brought by Frank S. Bond against Samuel B. Smith and others, to recover damages caused by the false representations of the various defendants, whereby plaintiff was induced to purchase 1,000 shares of the capital stock of an iron company. Pending the trial of the suit William D. Thompson, one of the defendants, died. The executors…
1Opinion of the CourtDaniels, J.
The action was brought to recover damages claimed to have been caused by fraudulent representatipns concerning the Clifton Iron Company, by means of which the plaintiff was induced to purchase 1,000 shares of its capital stock. The defendant, William D. Thompson, departed this life during its pendency, and the order appealed from revived it by making his executors parties in his stead, and directed its continuance as a separate action as to them.
*240By the statute actions for wrongs to the property, rights, or interests of another may be maintained, against the executors or administrators of a…
2Cases cited6 opinions
- Haight v. . HaytNew York Court of Appeals · 1859
- United States v. TeschmakerSupreme Court of the United States · 1860
- Union Bank v. . MottNew York Court of Appeals · 1863
- Graves v. SpierNew York Supreme Court · 1870
- Moore v. . HamiltonNew York Court of Appeals · 1871
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