Appellate Division of the Supreme Court of New York, 1939

Riley v. Title Guarantee & Trust Co.

Riley v. Title Guarantee & Trust Co.
Appellate Division of the Supreme Court of New York · Decided May 19, 1939
257 A.D. 815; 12 N.Y.S.2d 783; 1939 N.Y. App. Div. LEXIS 7968
Riley v. Title Guarantee & Trust Co.

Opinion of the Court

Order unanimously modified so as to include in the examination of defendant the facts and circumstances in connection with the investment by defendant of the $15,000 in the participating certificate and the knowledge of defendant at the time of such investment as to the value of the underlying security and the probability of its producing income, and, as so modified, affirmed. The date for the examination to proceed to be fixed in the order. No opinion. Settle order on notice. Present — Martin, P. J., O’Malley, Glennon, Cohn and Callahan, JJ.

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