Booth v. Englert
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles L. Booth, from an order of the Supreme Court, made at the Fulton Special Term and entered in the office of the clerk of the county of Fulton on the 18th day of July, 1904, vacating an execution theretofore issued in the action against the person of the defendant.
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Appeal by the plaintiff, Charles L. Booth, from an order of the Supreme Court, made at the Fulton Special Term and entered in the office of the clerk of the county of Fulton on the 18th day of July, 1904, vacating an execution theretofore issued in the action against the person of the defendant. The complaint alleges that the plaintiff purchased of the defendant a gray mare, for the agreed price of $100, $90 of which was' paid by the plaintiff to the defendant at the time of the purchase. The complaint then contains the following allegations : “ That at the time of said sale and purchase and…
1Opinion of the Court
Chester, J.:
The theory of the plaintiff is that the action is for fraud and. deceit, in making false representations upon the sale of the mare, and of the defendant, that the complaint sets forth a cause of action for breach of warranty upon such sale.
It is true that the allegations in the complaint, that “ the statements of the said defendant concerning said horse, upon which the plaintiff relied in making the purchase, were wholly, wilfully false and untrue, and were known to be false and untrue by said defendant at the time they were made,” were appropriate only to an action for fraud and…
2Cases cited5 opinions
- Conaughty v. . NicholsNew York Court of Appeals · 1870
- Meyer v. . AmidonNew York Court of Appeals · 1871
- Neftel v. . LightstoneNew York Court of Appeals · 1879
- Town of Green Island v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1903
- Dodge v. EckertNew York Supreme Court · 1893