Hyde v. Tuffts
The Superior Court of New York City
Appeal from an order vacating an order of arrest. On May 1, 1875, the plaintiff was induced, through certain representations made to him by the defendant, which were false, to enter into copartnership with him. These representations were in respect to the value of the defendant’s business, and the amount of capital and moneys he had invested therein, and as to the extent of his liabilities. The defendant had kept his books falsely, so as to exhibit such facts.
Read the full summary
Appeal from an order vacating an order of arrest. On May 1, 1875, the plaintiff was induced, through certain representations made to him by the defendant, which were false, to enter into copartnership with him. These representations were in respect to the value of the defendant’s business, and the amount of capital and moneys he had invested therein, and as to the extent of his liabilities. The defendant had kept his books falsely, so as to exhibit such facts. The truth being that the defendant did not have the capital and money in his business he so represented, and his indebtedness was…
1Opinion of the Court
By the Court.—Van Vorst, J.
The learned counsel for the plaintiff urges that the cause of action originated in the defendant’s deceit, and not being assignable, did not pass to the assignee in bankruptcy.
He would, in substance, place the plaintiff’s cause of action in the same category with personal torts, such as slander and assaults, which do not pass to the personal representatives of the person injured, but die with his person.
*58It has been held that a cause of action arising in a tort, although it affected property, was not assignable. In Gardner v. Adams (12 Wend. 297) it is said, that a…
2Cases cited7 opinions
- Zabriskie v. . SmithNew York Court of Appeals · 1855
- People ex rel. Stanton v. Tioga C. P.New York Supreme Court · 1837
- Gardner v. AdamsNew York Supreme Court · 1834
- McKee v. . JuddNew York Court of Appeals · 1855
- Shoemaker v. KeelySupreme Court of the United States · 1793
2 more not listed; retrieve them via the Exa API.