109 A.D. 1
Appellate Division of the Supreme Court of the State of New York
Decided November 15, 1905
Appellate Division of the Supreme Court of the State of New York · decided 1905-11-15
Appeal by the defendant, Louis Minsky, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 30th day of November, 1904, upon the decision of the court rendered after a trial at the New York-Special Term.
Relies on Cassidy v. . Uhlmann
Decided 1905-11-15
¶1(dissenting):
¶2I dissent. The' complaint is based solely upon fraud, alleging false representations and not a mutual mistake. To justify a recovery fraud must be proved, and no relief can be given upon a, different ground. (Cassidy v. Uhlmann,, 170 N. Y. 505.)
¶3Judgment affirmed, with costs.