Lindsley v. . Ferguson
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial district, affirming a judgment in favor of plaintiff entered upon decision of the court at Circuit upon trial without a jury. The action was upon a promissory note made and executed by defendants, Daniel Ferguson, Benjamin C. Starbuck and Joseph Eussel, indorsed by the other defendants. The facts sufficiently appear in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial district, affirming a judgment in favor of plaintiff entered upon decision of the court at Circuit upon trial without a jury. The action was upon a promissory note made and executed by defendants, Daniel Ferguson, Benjamin C. Starbuck and Joseph Eussel, indorsed by the other defendants. The facts sufficiently appear in the opinion. The consent of Starbuck and Eussel to the delivery of the note did not bind Ferguson. (Blake v. Vanderhyden, 1 Paige, 385.) Plaintiff’s right to notes depended upon the performance…
1Opinion of the CourtGrover, J.
The legal conclusion of the judge, from the facts found by him, that the fraud practiced by Henry Lindsley, in procuring the delivery of the note in suit, did not constitute a bar to a recovery thereon, was correct. The substance of such facts was, that in July, 1867, Lindsley made a parol contract to sell to the defendants, Daniel Ferguson, Benjamin 0. Starbuck and Joseph Bussell, two hundred and ninety-two acres of land, and to convey the same to them by a warranty deed before the first day of January thereafter, for which they agreed to pay him eight thousand dollars, two thousand on the…
2Cases cited2 opinions
- Masson v. BovetCourt for the Trial of Impeachments and Correction of Errors · 1845
- Lewis v. McMillenNew York Supreme Court · 1863
3Cited by7 opinions
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- Sloan v. HolcombMichigan Supreme Court · 1874
- Brown v. WatersNebraska Supreme Court · 1878
- Roome v. JenningsNew York Court of Common Pleas · 1893
- Whiting v. DerrAppellate Division of the Supreme Court of the State of New York · 1907
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