Barber v. Morgan
New York Supreme Court
APPEAL by the defendant from an order made at a special term, overruling a demurrer' to the complaint. The complaint alleged, in the first count thereof, that on or about the 31st day of January, 1865, and at various other times the defendant represented to the plaintiff that there was an actual and duly organized company or corporation known as the Hew York and Washoe Mining Company, with an original capital stock of about one million of dollars—each share of the par value…
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APPEAL by the defendant from an order made at a special term, overruling a demurrer' to the complaint. The complaint alleged, in the first count thereof, that on or about the 31st day of January, 1865, and at various other times the defendant represented to the plaintiff that there was an actual and duly organized company or corporation known as the Hew York and Washoe Mining Company, with an original capital stock of about one million of dollars—each share of the par value of $100—and doing business under the general laws of the- state of Hew York in such case made and provided. That the…
1Opinion of the Court
By the Court, E. Darwin Smith, J.
The complaint in an. action for deceit or fraud in the purchase or sale of property induced or procured by false representations— and such is this action—must in substance state the representations, and aver their falsity, and that they were made with intent to deceive the plaintiff and induce him to make the purchase or trade in question, and that they did induce such trade, to the plaintiff’s injury. Deceit or fraud with damages gives a good cause of action. Since the case of Pasley v. Freeman, (3 Term Rep. 51,) this has been settled law, The complaint in…
2Cases cited3 opinions
- Zabriskie v. . SmithNew York Court of Appeals · 1855
- Cazeaux v. MaliNew York Supreme Court · 1857
- Morse v. SwitsNew York Supreme Court · 1859
3Cited by9 opinions
- In re the Estate of MullinNew York Surrogate's Court · 1932
- Davis v. NuzumWisconsin Supreme Court · 1888
- Clark v. PeopleNew York Supreme Court · 1869
- Dresser v. Mercantile Trust Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Hanson v. LanganCity of New York Municipal Court · 1890
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