¶1 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.
63 N.Y. 634
Oberlander v. . Spiess
Decided December 14, 1875
New York Court of Appeals · decided 1875-12-14
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.
Decided 1875-12-14