Ochs v. . Woods
New York Court of Appeals
Appeal from a judgment entered March 2, 1914, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment entered March 2, 1914, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. A good cause of action for fraud and deceit was alleged in the complaint and the evidence adduced at the trial sustains the verdict rendered by the jury. (Brackett v. Griswold, 112 N. Y. 454; Becker v. C. L. Ins. Co., 153 App. Div. 382; King v. Leighton, 22…
1Opinion of the CourtCollin, J.
The action is to recover the damages sustained by the plaintiff through the alleged deceit of the defendant. The deceit, as charged, induced the plaintiff to accept another, in the place of the defendant, as owing, him commissions for his services in securing a tenant of real estate. The trial resulted in a verdict in favor of the plaintiff. The Appellate Division, by its order of May 22, 1914, unanimously reversed the consequent judgment and the order denying defendant’s motion for a new trial, and dismissed the complaint. The order stated that the facts had been examined and it appeared…
2Cases cited11 opinions
- Brackett v. . GriswoldNew York Court of Appeals · 1889
- Smith v. BollesSupreme Court of the United States · 1889
- Arthur v. . GriswoldNew York Court of Appeals · 1874
- Nash v. Minnesota Title Insurance & Trust Co.Massachusetts Supreme Judicial Court · 1895
- Krumm v. . BeachNew York Court of Appeals · 1884
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3Cited by108 opinions
- Channel Master Corp. v. Aluminium Limited Sales, Inc.New York Court of Appeals · 1958
- Reno v. . BullNew York Court of Appeals · 1919
- Sabo v. DelmanNew York Court of Appeals · 1957
- Graubard Mollen Dannett & Horowitz v. MoskovitzNew York Court of Appeals · 1995
- Clearview Concrete Products Corp. v. S. Charles Gherardi, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
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