Armstrong v. Herman

Plaintiff’s complaint was dismissed at Trial Term on the ground that no cause of action had been proven.

The action is to recover damages for fraud. The defendants are alleged to have made certain misrepresentations to the plaintiff *163with respect to the business done and the profits earned in a delicatessen store which plaintiff had purchased from, them, relying on such representations.

Plaintiff, prior to November, 1926, had been private secretary to a railroad president, and she resided in the neighborhood of a delicatessen store which defendants operated. She intended making an investment in…