Waterbury v. Barry
Appellate Division of the Supreme Court of the State of New York
Arpe at, by the defendants, Frederick T. Barry and others, from a judgment of the Supreme Oonrt in favor of the plaintiffs, entered- in the office of the clerk of the county of New York on the 9th day of January, 1911, upon the decision of the court rendered after a trial at the New YorkSpecial Term, and also (as stated in the notice of appeal) from such judgment as resettled by an order entered on the 26th ■ day of January, ■1911.
1Opinion of the Court
Clarke, J.:
This action was brought June 7, 1909, to remedy certain fraud and deceit practiced upon the plaintiffs in the sale of certain premises known as No. 115 East Seventy-first street, belonging to them, which they contracted to sell to one John L. Martin, since deceased, in April, 1906, through the agency of the defendant Barry, and to recover back the premises upon the repayment of the purchase price’ received by plaintiffs therefor. ■ In case the premises could not be recovered* then plaintiffs sought to obtain an accounting from the defendant Barry and the defendant Julia Í). Martin,…
2Cases cited5 opinions
- Sage v. . CulverNew York Court of Appeals · 1895
- Murray v. . BeardNew York Court of Appeals · 1886
- Carman v. . BeachNew York Court of Appeals · 1875
- Bain v. . BrownNew York Court of Appeals · 1874
- Clark v. BirdAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by3 opinions
- Ridgeway v. McGuireOregon Supreme Court · 1945
- Wendt v. FischerAppellate Division of the Supreme Court of the State of New York · 1926
- Ryan v. GrissingerNew York Supreme Court · 1912