Nickley v. Thomas
New York Supreme Court
THIS action was orignally brought in a justice’s court of Fulton county, to recover damages for an alleged fraud in an exchange of horses. The cause was tried by a jury three times, and on the last trial (the two former juries having disagreed) the plaintiff recovered a verdict for $60 damages, for which, with costs of suit, the justice rendered judgment.
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THIS action was orignally brought in a justice’s court of Fulton county, to recover damages for an alleged fraud in an exchange of horses. The cause was tried by a jury three times, and on the last trial (the two former juries having disagreed) the plaintiff recovered a verdict for $60 damages, for which, with costs of suit, the justice rendered judgment. The defendant appealed to the county court, which • reversed the judgment, on the sole ground that it was against evidence. The only defect complained of, which it was contended the defendant fraudulently concealed from the plaintiff, was…
1Opinion of the Court
By the Court, C. L. Allen, P. J.
The only material question in this case is, whether the defendant was guilty of a fraudulent concealment of facts in relation to the defect complained of, so as to render him liable to the plaintiff, in this action. There can be no doubt of the principle that where a vendor of a chattel is guilty of a fraudulent concealment of material' facts in relation to the sale, to the injury of the vendee, an action at law is maintainable to recover damages. (Fleming v. Slocum, 18 John. 403. 1 East, 318. 6 Cowen, 346, 350. 7 Wend. 20.) In Bench v. Sheldon, (14 Barb. 66,…
2Cases cited6 opinions
- Allen v. AddingtonNew York Supreme Court · 1831
- Joy v. HopkinsNew York Supreme Court · 1847
- Bench v. SheldonNew York Supreme Court · 1852
- Bort v. SmithNew York Supreme Court · 1848
- Fleming v. SlocumNew York Supreme Court · 1820
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3Cited by6 opinions
- In re the Estate of HearnNew York Surrogate's Court · 1936
- United States v. BrownDistrict Court, S.D. New York · 1933
- Boyer v. StateIndiana Supreme Court · 1908
- Ely v. MumfordNew York Supreme Court · 1866
- Wells v. ConeNew York Supreme Court · 1864
1 more not listed; retrieve them via the Exa API.