Legal Opinion

Bacon v. . Frisbie

New York Court of Appeals

Decided March 19, 1880PublishedCited by 49 opinions

Appeal from j udgment of the General Term of the Supreme Court, in the third judicial department, affirming, as to defendant Frisbie, and reversing as to defendant Ratnour, a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 15 Hun, 26.) This was an action to recover damages for an alleged conspiracy to defraud.

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Appeal from j udgment of the General Term of the Supreme Court, in the third judicial department, affirming, as to defendant Frisbie, and reversing as to defendant Ratnour, a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 15 Hun, 26.) This was an action to recover damages for an alleged conspiracy to defraud. The complaint alleged in substance, that in pursuance of an alleged fraudulent conspiracy to obtain from plaintiff certain hotel property by means of false representations, defendants induced plaintiff to sell and convey said property to defendant Frisbie, and…

1Opinion of the CourtForger, J.

The principal question in this case is whether the testimony of Mr. Kennedy was properly received. He was called as a witness for the plaintiff, and was permitted to testify to a conversation had between himself and Ratnour, one of the defendants. The matter spoken of by Ratnour in this conversation was material to the issue on trial. True, it began by Ratnour supposing a case, and asking, if such a case existed, would there be a liability ; but the hypothesis put was significant; it was that of two men trading land, and there was fraud in the transaction, and a third man was interested; and…

2Cases cited2 opinions

  1. Williams v. . FitchNew York Court of Appeals · 1859
  2. Britton v. . LorenzNew York Court of Appeals · 1871

3Cited by49 opinions

  1. Spectrum Systems International v. Chemical BankNew York Court of Appeals · 1991
  2. Sharon v. Sharon, 11991 (Cal. 7-17-1889)California Supreme Court · 1889
  3. Alexander v. United StatesSupreme Court of the United States · 1891
  4. McDonald v. McDonaldIndiana Supreme Court · 1895
  5. Harrison v. StateCourt of Appeals of Maryland · 1975

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