New York Court of Appeals

Anna C. Kley, Appellant v. John W. Healy, Impleaded

October 6, 1891127 N.Y. 555

Summary

The New York Court of Appeals reversed the lower court's dismissal of a fraud complaint, holding that the plaintiff's opening statement and offers of proof are to be treated as part of the complaint and that the allegations of fraudulent misrepresentation constitute a valid cause of action. Accordingly, the court ordered a new trial and costs.