Joy v. Brower

Judgment unanimously affirmed, with costs. Memorandum: Defendant appeals from a judgment entered on a jury verdict awarding plaintiff $20,000 on her cause of action for fraud. Plaintiff claimed that the defendant falsely represented to her that if she invested $20,000 in defendant’s business she would be made a full partner and would receive income of $14,400 at the end of one year.

The elements essential to sustain a cause of action for fraud are a representation of a material fact which is either untrue and known to be untrue or recklessly made, and which is offered to deceive the other…