Cross v. Sackett
The Superior Court of New York City
Appeal from an order overruling demurrer to complaint. The action was against the defendants, part of whom, it was alleged, had organized, and the others, it was'alleged,- had united to carry on, a bubble company, stock in which the plaintiff had pm-chased of a third party, induced thereto by the public representations made by the defendants concerning the company, and by the statements of the certificates of stock issued, and by the fact that dividends had been declared.
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Appeal from an order overruling demurrer to complaint. The action was against the defendants, part of whom, it was alleged, had organized, and the others, it was'alleged,- had united to carry on, a bubble company, stock in which the plaintiff had pm-chased of a third party, induced thereto by the public representations made by the defendants concerning the company, and by the statements of the certificates of stock issued, and by the fact that dividends had been declared. The facts in detail are stated in the opinion as.well as in the complaint, which, as the action was of a peculiar…
1Opinion of the Court
By the Court *
Hoftman, J. The complaint contains the following statements:—
That on the 13th day of August, 1853, the defendant Holmes •entered into a written agreement with the defendants Sackett, Maxwell, Belcher, Osgood, and Samuel Smith, by which he sold to the last-named parties all the estates, mines, fixtures, and property described and set forth in a schedule declared to be annexed.
The consideration for this sale was to be as follows :—Upon the receipt of the leases, described in the schedule, and delivery of the personal property therein mentioned, $60,000 was to be paid. On the 20th…
2Cases cited1 opinion
- Robinson v. SmithNew York Court of Chancery · 1831
3Cited by10 opinions
- Tuscaloosa Manufacturing Co. v. CoxSupreme Court of Alabama · 1880
- Cox v. National Coal & Oil Investment Co.West Virginia Supreme Court · 1907
- Warfield v. ClarkSupreme Court of Iowa · 1902
- Hornblower v. CrandallMissouri Court of Appeals · 1879
- Smock v. HendersonIndiana Superior Court · 1872
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