Burke v. Lincoln-Valentine Co.
Appellate Terms of the Supreme Court of New York
Appeal from municipal court, borough of Manhattan, Eleventh district. Action by Oswald N. Burke against the Lincoln-Yalentine Company. Judgment for plaintiff, and defendant appeals.
1Opinion of the CourtMacLEAN, J.
Something of a blight is cast upon the plaintiff’s case by Ms falsehood in the verified complaint, wherein he alleged (upon information and belief, it is true) that'.the defendant was a corporation when he made the arrangement, evidenced in writing, upon which he based Ms action, although he must have known the contrary; for he testified on the trial that he was one of the incorporators, and that the incorporation came months after he obtained his contract from a, so to say, intending promoter, who never had any actual connection with the defendant company. The plaintiff’s case rests upon the…
2Cases cited3 opinions
- Morrison v. Ogdensburgh & Lake Champlain RailroadNew York Supreme Court · 1868
- Tucker v. Philadelphia & Reading Coal & Iron Co.New York Supreme Court · 1889
- Mason v. SecorNew York Supreme Court · 1894