Sherman v. Johnson
New York Supreme Court
MOTION for a- new trial, upon exceptions taken at the circuit to the rulings of the judge. The cause was tried at the Jefferson county circuit in October, 1864, and the judge ordered a verdict for the plaintiff^ which was excepted to; and several exceptions were taken on the part of the defendant to the admission of testimony, and to the charge and refusals to chhrge by the court, in summing up to the jury. The material facts appear in the opinion.
1Opinion of the Court
By the Court,
Foster, J.
The action was brought to recover $177 and interest thereon from October 12, 1863, it being the amount which the plaintiff had paid the defendant on that day for an account which he then purchased of the defendant; and the complaint alleged that he had been induced- to purchase it by means of false and fraudulent representations then* made to him by the defendant.
Upon the undisputed evidence in the case, taken without objection, the following facts appeared: The defendant was appointed as an enrolling officer of the government, in May, 1863, and commenced enrolling on…
2Cases cited3 opinions
- Byxbie v. . WoodNew York Court of Appeals · 1862
- White v. SeaverNew York Supreme Court · 1867
- Tallman v. GreenThe Superior Court of New York City · 1850
3Cited by1 opinion
- Giffert v. WestWisconsin Supreme Court · 1873