McAvoy v. Maxwell
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, First District. Action by John W. McAvoy against William J. Maxwell. From a judgment after a trial before the court without a jury, defendant appeals. oReversed, and new trial ordered.
1Opinion of the CourtPendleton, J.
This is an appeal by defendant from a judgment entered after a trial by the court without a jury. The action is for damages for false and fraudulent representations. Plaintiff purchased a secondhand automobile from defendant, a dealer in such goods, and sues to recover the price paid as his damages.
[1, 2] The trial court found for plaintiff, and the question is whether there is sufficient evidence to sustain the finding. In order to recover, plaintiff was bound to establish false representations as to matters of fact, that they were known to be false, and that plaintiff relied on them to his…
2Cited by3 opinions
- Hull v. CohenNew York Supreme Court · 1931
- Virginia-Carolina Chemical Co. v. CooleyAppellate Division of the Supreme Court of the State of New York · 1923
- Trieper v. Bulkley & Horton Co.New York Supreme Court · 1922