181 N.Y. 129 | NY | 1905
The action was brought against the former directors and officers of the Anglo-American Savings Loan Institution, a corporation which had been dissolved on account of insolvency, and a receiver of its assets appointed, to indemnify the plaintiff for money invested by him in the stock of such corporation, which investment was charged in the complaint to have been induced by false and fraudulent representations of said directors and officers. The trial court found the present appellant guilty of fraud as charged in the complaint, but acquitted the other defendants. The court further found that the damages sustained by reason of the appellant's fraud were the sum of six cents. On this decision judgment was entered against the appellant for six cents damages, without costs, and in favor of the other defendants for their costs. The plaintiff appealed from the judgment to the Appellate Division. That court affirmed the judgment below in favor of the defendants other than the appellant Gilbert. As to him the judgment of the Special Term was modified so as to direct that the plaintiff recover from said defendant Gilbert the sum of $792.58, the amount invested by the plaintiff, with interest, and that the plaintiff transfer to said defendant the stock held by him in said corporation. The judgment recites that the Appellate Division has unanimously decided that the findings of the trial court are supported by the evidence, except as to the defendant Gilbert. From the judgment of the Appellate Division the defendant Gilbert alone has appealed to this court.
We think the action of the Appellate Division in granting final judgment against the appellant was unwarranted. On the facts found by the trial court the plaintiff was not entitled to the judgment awarded him by the Appellate Division. The court found that the plaintiff suffered only nominal damages, and "fraud without resulting in pecuniary damages is not a ground for the exercise of remedial jurisdiction in equity." (Pomeroy's Equity Jurisprudence, § 898.) The Appellate Division had power to reverse the finding of the trial court on this question, but it had no right to substitute therefor another *131
finding of its own. (Van Beuren v. Wotherspoon,
The order of the Appellate Division should be modified so as to reverse the judgment of the Special Term and grant a new trial, instead of awarding final judgment against the appellant, and as modified affirmed, without costs of appeal to either party.
GRAY, O'BRIEN, BARTLETT, HAIGHT, VANN and WERNER, JJ., concur.
Ordered accordingly.