Chrysler v. . Canaday
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made February 11, 1881, which affirmed a judgment in favor of plaintiff, entered upon a verdict.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made February 11, 1881, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for alleged fraud on the part of defendant, by which plaintiff was induced to convey to said defendant a farm, receiving in exchange therefor certain premises in the city of Albany and certain bonds secured by mortgages on real estate. The fraud consisted of alleged false representations known by defendant to be untrue as to the value of…
1Opinion of the CourtMiller, J.
The most important questions which arise upon this appeal relate to the charge of the judge to the jury upon the trial, and to his refusals to charge several requests made by the counsel for the appellant, to each of which rulings an exception was taken.
The judge charged that “ if the defendant knowingly and willfully madé a false statement as to the value of the property which wag conveyed to the plaintiff, that the plaintiff can maintain this action.” He further stated that, “ if he, knowing them ” (the statements made) “ to be untrue, makes them with the intention of misleading the vendee,…
2Cases cited2 opinions
- Ellis v. . AndrewsNew York Court of Appeals · 1874
- Stebbins v. EddyU.S. Circuit Court for the District of Rhode Island · 1827
3Cited by30 opinions
- Danann Realty Corp. v. HarrisNew York Court of Appeals · 1959
- Sylvester v. BernsteinAppellate Division of the Supreme Court of the State of New York · 1954
- Dowagiac Manufacturing Co. v. MahonNorth Dakota Supreme Court · 1904
- Farr v. PetersonWisconsin Supreme Court · 1895
- Shade v. CrevistonIndiana Supreme Court · 1884
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