Gardner v. Buckbee
New York Supreme Court
Cn error to the Court of Common Pleas of the city of New-, York, the case was this ; The defendant in error sold to the-, . . ' ' plaintiff in error ana others, the schooner 1-iger, and lor the cons*deration money took two promissory notes, signed by the plaintiff in error, and the other purchasers.
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Cn error to the Court of Common Pleas of the city of New-, York, the case was this ; The defendant in error sold to the-, . . ' ' plaintiff in error ana others, the schooner 1-iger, and lor the cons*deration money took two promissory notes, signed by the plaintiff in error, and the other purchasers. The Tiger, upon examination, proving utterly unseaworthy, the plaintiff in error refused to pay the notes, on the ground of fraudulent misrepresentations in the sale by the defendant in error. Hereupon the defendant in error prosecuted the plaintiff in . , r • r r error, on one of the notes, in…
1Opinion of the Court
Curia,
per Woodworth, J.
This is a writ of error to the Common Fleas of the city of Mezo York. Buckbee, plaintiff in the Court below, commenced an action against Gardner, on a promissory note. The defendant pleaded the general issue, and gave notice of special matter, that the note was given in part payment for a vessel called the Tiger, sold to the defendant and others, and alleged fraud by the plaintiff in the sale ; the vessel being at the timé rotten and unseaworthy, and that known to the plaintiff. At the trial the plaintiff admitted, that the note was one of two promissory notes, for the…
2Cited by74 opinions
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- Mercein v. People ex rel. BarryNew York Supreme Court · 1840
- Sarah v. ReadIllinois Supreme Court · 1882
- Gunzberg v. MillerMichigan Supreme Court · 1879
- Washington, Alexandria, & Georgetown Steam-Packet Co. v. SicklesSupreme Court of the United States · 1861
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