Fluchtwanger v. Dessar
New York Supreme Court
The special term granted an order dismissing the proceedings under an order for the examination of the plaintiffs be-before trial, and from the order defendant appeals.
1Opinion of the CourtMacomber, J.
—The action is brought to recover a balance claimed to be due the plaintiffs on account of purchases and sales by them of stocks and bonds by the defendant.
The answer alleged that the transactions between the parties were only colorable and speculative, and not real; that no securities were in fact to be bought and sold, and that the transactions were void under the statute against gaming. It also pleads usury, fraud and false representation.
The learned judge at special term set aside the order for the examination of the plaintiffs as witnesses, upon the ground, mainly, that the evidence…
2Cases cited59 opinions
- Jenkins v. . PutnamNew York Court of Appeals · 1887
- Glenney v. . StedwellNew York Court of Appeals · 1876
- Herbage v. . City of UticaNew York Court of Appeals · 1888
- Steuben County Bank v. . AlbergerNew York Court of Appeals · 1879
- Heishon v. . Knickerbocker Life Insurance Co.New York Court of Appeals · 1879
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