Buchall v. Higgins
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John Higgins, from a judgment of the County Court of Queens county in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 29th day of September, 1904, 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 14th' day of October, 1904, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Woodward, J. :
The complaint in this action is based upon fraud. ■ It- alleges that “ the defendant having offered to sell to the plaintiff a certain lot at Bayside aforesaid, known, and designated by the lot number 157 on á certain map entitled 'Map of the Property of the Bayside Land Association, 1872,’ filed in the office of the Clerk of the County of Queens, did with the intent to deceive and defraud the plaintiff, falsely and fraudulently represent to him that the said lot was-the property of the defendant.” It then alleges the purchase of the'premises for $125, relying upon…
2Cases cited1 opinion
- Grosjean v. GallowayAppellate Division of the Supreme Court of the State of New York · 1903