Morgan v. Skidmore
New York Court of Appeals
Appeal by the defendant from a judgment of the-supreme court affirming the report of a referee. This action was brought by Junius S. Morgan and. Charles C. Grooch, composing the banking firm of J. S. Morgan & Company, in London, against William L. Skidmore, executor of the last will and testament of Franklin F. Randolph, who, during his lifetime, was one of the surviving members of the firm of E. R. GroodV ridge & Company, of Hew York, to recover $85,232.09, with interest.
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Appeal by the defendant from a judgment of the-supreme court affirming the report of a referee. This action was brought by Junius S. Morgan and. Charles C. Grooch, composing the banking firm of J. S. Morgan & Company, in London, against William L. Skidmore, executor of the last will and testament of Franklin F. Randolph, who, during his lifetime, was one of the surviving members of the firm of E. R. GroodV ridge & Company, of Hew York, to recover $85,232.09, with interest. The action was referred to a referee to hear and determine the whole issue. The referee found that Randolph, being at the…
1Opinion of the Court
By the Court.—Rapallo, J.
On the argument this case was assimilated to that of a debt contracted by a party on his own individual behalf, by means of fraudulent representations made by him as to his own solvency.
It is claimed that in such a case, the creditor has a right to sue in tort to recover damages for the fraud, or on contract to recover the debt; that he may pursue either of these remedies, but not both ; and that a judgment in either form of action is a bar to the other; that all claims and causes of action, arising out of the transaction, are merged in such a judgment.
Such would…
2Cases cited7 opinions
- Morris v. . RexfordNew York Court of Appeals · 1859
- Whitney v. AllaireNew York Supreme Court · 1847
- Lloyd v. BrewsterNew York Court of Chancery · 1834
- Wilder v. KeelerNew York Court of Chancery · 1831
- Rice v. BarnardSupreme Court of Vermont · 1848
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- In Re the Accounting of PeckNew York Court of Appeals · 1912
- France & Canada Steamship Corp. v. Berwind-White Coal Mining Co.New York Court of Appeals · 1920
- Union Central Life Insurance v. SchidlerIndiana Supreme Court · 1892
- In re the Final Judicial Settlement of the Accounts of PiersonAppellate Division of the Supreme Court of the State of New York · 1897
- Beste v. BurgerNew York Court of Common Pleas · 1885
5 more not listed; retrieve them via the Exa API.