Poels v. Merrill — 246 N.Y. 647

Majority

p. 647

Peter J. Poels et al., Copartners under the Firm Name of Poels & Brewster, Appellants, v. Charles E. Merrill et al., Copartners under the Firm Name of Merrill, Lynch & Co., Respondents.

Headnote

Fraud — action to recover for alleged fraudulent statements through which plaintiffs were induced to contract loith another to their damage.

Poels v. Merrill, 216 App. Div. 839 , affirmed.

(Argued December 1, 1927;

decided December 16, 1927.)

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 8, 1926, unanimously affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term. The action was brought to recover damages for alleged fraudu

p. 648

lent statements of the defendants, by means of which plaintiffs claim they were induced to enter into two contracts with a certain corporation which failed to perform to plaintiffs’ damage.

Almet Reed Latson, Matthew Spalletta and John Kenneth Byard for appellants.

Herman Aaron and Stanhope Foster for respondents.

Judgment affirmed, with costs, upon the ground that there is no evidence of any false representations binding on the defendants.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.