People v. . Denison
New York Court of Appeals
This action was brought to recover back moneys alleged to have been fraudulently obtained by defendants, under color of a contract with the State, “ by means of frauds, ' devices, false pretences and vouchers, and corrupt combinations and collusions with State officers.” The opinion read as stated in the minutes was not handed down.
1Opinion of the Court
Folger, J.,
reads an opinion for affirmance of order of General Term, and for judgment absolute for defendants' holding.
First. That the cause of action stated in the complaint was one in fraud alone, and that the referees did not find that there was fraud in the transaction. In which all concurred except Earl, J., who thought the action might be held as one ex contractu.
Second. That the referees were right, though not in .all details stated by them, in the opinion that the canal com missioners and auditor acted without authority of law in some of the payments made to the defendants, but that…
2Cited by10 opinions
- People of State of N.Y. v. . DennisonNew York Court of Appeals · 1881
- Belden v. . the StateNew York Court of Appeals · 1886
- Corkings v. . the StateNew York Court of Appeals · 1885
- Baldwin v. ShillIndiana Court of Appeals · 1892
- Allen v. AllenNew York Supreme Court · 1889
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