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Oberlander v. Spiess

63 N.Y. 634 Court N.Y. Decision date 1875-12-14 English

Delivered by Miller, J.,

Contents

Majority

p. 634
Charles Oberlander et al., Respondents, v. Casper Spiess et al., Appellants.
(Argued November 20,1875;
decided December 14, 1875.)

Headnote

Oberlander v. Spiess ( 4 Hun, 665 ), reversed.
This was an action for fraud. The decision upon a former appeal is reported in 45 N. Y., 1J5. tlpon the last trial, the referee found that the alleged fraudulent statements were made in good faith; defendant believing them to be true. The General Term reversed the decision. (See 4 Hun, 665 .) A majority of the court, while agreeing in result, did not concur in the reasons stated in opinion for reversal of order of General Term. It is, therefore, not reported.
Stephen H. Olin for the appellants.
Henry A. Beman for the respondents.

reads for reversal of order and for affirmance of judgment entered on report of referee; Rapallo and Earl, JJ., concur; Andrews, J., concurs in result; Church, Ch. J., and Allen, J., not voting; Folgker, J., not sitting, Order reversed and judgment accordingly.