Duryea v. Zimmerman
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Eugene Zimmerman and another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Westchester on the 1st day of February, 1910, upon the verdict of a jury for $20,000, and also from an order entered in said clerk’s office on the 26th day of January, 1910, denying the said defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, P. J.:
This action is for deceit in a prospectus whereby the plaintiff (since deceased) was induced to buy stock of the Alabama and Georgia Iron Company. The transaction was exclusively between Van Sickle, an employee of Grant Brothers, a firm of stockbrokers, and Gilchrist, an *61employee of the defendants Bogers, Brown & Co., who had been authorized by them to take subscriptions for the stock. Gilchrist interested Van Sickle to secure the subscription in question, which was to their mutual advantage perforce of certain commissions. Inasmuch as the deceit was in a prospectus, proof of the…
2Cases cited3 opinions
- Miller v. CottenSupreme Court of Georgia · 1848
- Jackson ex dem. Fowler v. LoomisNew York Supreme Court · 1834
- Duryea v. ZimmermanAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by3 opinions
- Lipschultz v. Gregory Electric Co.Appellate Division of the Superior Court of California · 1953
- Roerich v. HorchAppellate Division of the Supreme Court of the State of New York · 1938
- Von Dorn v. CraryAppellate Division of the Supreme Court of the State of New York · 1921