Baker v. . Spencer
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial district, affirming a judgment for plaintiff entered upon the report of a referee. (Reported below, 58 Barb., 248.) This action was brought to recover back money paid on a note of $300, on the ground that the note was obtained by false and fraudulent representations, and was therefore void.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial district, affirming a judgment for plaintiff entered upon the report of a referee. (Reported below, 58 Barb., 248.) This action was brought to recover back money paid on a note of $300, on the ground that the note was obtained by false and fraudulent representations, and was therefore void. This note was given in compromise and settlement of a suit brought by this defendant to recover installments due on a note of $500, executed by the plaintiff to the defendant, and was given in the place of the $500 note…
1Opinion of the CourtRapallo, J.
There was some evidence in support of each of the findings of fact excepted to. The General Term not having seen fit to review them, we cannot do so.
The appellant claims, however, that the settlement of the action brought on the $500 note, and the giving of the $300 note, operated as a compromise of the alleged fraud, and is a bar to this action.
This point would be well taken if it appeared from the pleadings, or the findings of the referee, that, at the time of that settlement, the defendant had knowledge of the facts constituting the fraud alleged in the complaint in this action. (Adams v.…
2Cases cited2 opinions
- Adams v. . SageNew York Court of Appeals · 1863
- Parsons v. HughesNew York Court of Chancery · 1842
3Cited by9 opinions
- Colton v. StanfordCalifornia Supreme Court · 1890
- Engeman v. TaylorWest Virginia Supreme Court · 1899
- St. Anthony Falls Water Power Co. v. EastmanSupreme Court of Minnesota · 1874
- Wells v. HoustonCourt of Appeals of Texas · 1902
- Anthony v. BoydSupreme Court of Rhode Island · 1887
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