Legal Opinion

Spotten v. De Freest

Appellate Division of the Supreme Court of the State of New York

Decided November 16, 1910PublishedCited by 5 opinions

Appeal by the plaintiff, John B. Spotten, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Saratoga on the 1st day of October, 1909, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 15th day of September, 1909, denying the plaintiff’s motion for a new trial made upon the minutes.

1Opinion of the Court

Cochrane, J.:

Tills is an action to recovér damages for alleged deceit in the sale to plaintiff of capital stock pf the De Freest-Stover Manufacturing Corporation. This corporation was organized in April, 1906, with a capitalization of $50,000, of which $20,000 was preferred stock and $30,000 was common stock. The accomplished object of the corporation was to take over the business and assets of the defendants herein who had been engaged as copartners in manufacturing and selling knit goods and other commodities and to continue such business. The assets of the corporation thus acquired were,…

2Cases cited2 opinions

  1. Krumm v. . BeachNew York Court of Appeals · 1884
  2. Miller v. . BarberNew York Court of Appeals · 1876

3Cited by5 opinions

  1. People v. S. W. Straus & Co.New York Supreme Court · 1935
  2. Abrams v. Roseth Corp.Appellate Division of the Supreme Court of the State of New York · 1937
  3. Hotaling v. A. B. Leach & Co.City of New York Municipal Court · 1926
  4. McDowell v. VolkAppellate Division of the Supreme Court of the State of New York · 1914
  5. Spotten v. De FreestAppellate Division of the Supreme Court of the State of New York · 1912

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