Kountze v. Kennedy
New York Supreme Court
Appeal from judgment on report of a referee. „ Action by Luther Kountze and others against Edward 8. T. Kennedy, executor of the will of John P. Kennedy, deceased, to recover damages for fraud and deceit alleged to have been practiced by decedent, whereby plaintiffs were induced to make certain injurious investments. From a judgment dismissing the complaint, ■entered in New York county on the report of Hon. Grover Cleveland, referee, plaintiffs appeal.
1Opinion of the CourtParker, J.
Defendant’s testator, John P. Kennedy, was during the period covering the transaction in controversy, and for a number of years prior thereto, the president of the Howe Machine Company. He was also interested in other enterprises, one of which brought about an acquaintance with Kountze, one of the results of which was a request by Kountze that Kennedy advise him -of any business opportunities in which it might be deemed desirable ■to invest money. Prior to November, 1883, Mr. Kennedy, although president of the corporation, had only a nominal interest in it, hav*683ing accepted the position at the…
2Cases cited6 opinions
- Brackett v. . GriswoldNew York Court of Appeals · 1889
- Daly v. . WiseNew York Court of Appeals · 1892
- Wakeman v. . DalleyNew York Court of Appeals · 1872
- Oberlander v. . SpiessNew York Court of Appeals · 1871
- Credit Co. v. Howe Machine Co.Supreme Court of Connecticut · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Nash v. RosesteelCalifornia Court of Appeal · 1908
- Bennett v. Burch-Buell Motor Corp.Appellate Division of the Supreme Court of the State of New York · 1927
- Currier v. PoorNew York Supreme Court · 1895