McDonough v. Dillingham
New York Supreme Court
Appeal from a judgment entered upon a verdict rendered at the Erie County Circuit, and from an order denying the defendant’s motion for a new trial founded upon the judge’s minutes.
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Appeal from a judgment entered upon a verdict rendered at the Erie County Circuit, and from an order denying the defendant’s motion for a new trial founded upon the judge’s minutes. The plaintiffs, in Jujy, 1883, sold and delivered to the defendant two carloads of cattle at the fixed and agreed price of $3,207.60; the defendant thereupon made and delivered his negotiable promissory note for that sum, payable twenty days after date, with use. ' On the 17th day of July, 1883, the defendant purchased of Uhlman & Block one car load of cattle at the agreed price of $1,296.27, and thereupon the…
1Opinion of the Court
Barker, J.:
The defendant insisted upon the trial that the cause of action averred in the complaint was founded upon contract. We concur in this construction of the complaint. The further averments *496therein, that the defendant, for the purpose of inducing the plaintiff to give credit on sale of the cattle, made false and fraudulent representations as to his financial condition and solvency, which induced the plaintiff to deliver the cattle without payment, do not make the action one ex delicto. The rule of pleading established by the Code requires the complaint to contain a plain and concise…
2Cases cited6 opinions
- Conaughty v. . NicholsNew York Court of Appeals · 1870
- Segelken v. . MeyerNew York Court of Appeals · 1884
- Goodwin v. . GriffisNew York Court of Appeals · 1882
- Adams v. . SageNew York Court of Appeals · 1863
- Baker v. . SpencerNew York Court of Appeals · 1872
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