Legal Opinion

Williams v. Wood

New York Supreme Court

Decided July 15, 1835PublishedCited by 11 opinions

This was an action on the case for s. false representation, by means of which one Peter B. Cook was enabled to obtain credit, and the plaintiffs were induced to sell goods to him. The suit was tried at the Cayuga circuit in April, 1834, before the Hon. Daniel Moseley, one of the circuit judges.

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This was an action on the case for s. false representation, by means of which one Peter B. Cook was enabled to obtain credit, and the plaintiffs were induced to sell goods to him. The suit was tried at the Cayuga circuit in April, 1834, before the Hon. Daniel Moseley, one of the circuit judges. In November, 1830, Cook applied to the plaintiffs, druggists and grocers in Utica, to sell him goods on credit, and produced a letter of recommendation, signed by the defendant and four other persons,in these words: “Auburn, Nov. 24,1830. We, the undersigned,do very cheerfully certify that we arc…

1Opinion of the Court

By the Court,

Savage, Ch. J.

Several questions were raised upon the trial. An original judgment record, from the clerk’s office Utica, was introduced without being proved to be a record by the oath of the clerk or his deputy, which was irregular, but the irregularity is cured by the production upon the argument of an exemplification of the record.

It was objected that it should be shown that the judgment obtained upon the notes given for the goods purchased by Cook upon the credit of the recommendation, or for the price of the goods. It was sufficiently shewn that the judgment was for the goods…

2Cases cited1 opinion

  1. Allen v. AddingtonNew York Supreme Court · 1831

3Cited by11 opinions

  1. Gough v. St. JohnNew York Supreme Court · 1837
  2. Dresser v. BrooksNew York Supreme Court · 1848
  3. International Trust Co. v. MyersMassachusetts Supreme Judicial Court · 1922
  4. Morse v. SwitsNew York Supreme Court · 1859
  5. Roulo v. ValcourSupreme Court of New Hampshire · 1878

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