Byxbie v. . Wood
New York Court of Appeals
Appeal from the Superior Court of New York city. The plaintiffs, as assignees of Edward E. Marvine, sued the defendant to recover from him certain sums of money, which it was claimed that he had obtained from Marvine by means of various false statements and representations; which representations and statements were also characterized in the "complaint as fraudulent.
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Appeal from the Superior Court of New York city. The plaintiffs, as assignees of Edward E. Marvine, sued the defendant to recover from him certain sums of money, which it was claimed that he had obtained from Marvine by means of various false statements and representations; which representations and statements were also characterized in the "complaint as fraudulent. One of them was as to the price of a barque, which the defendant represented to have cost him twelve thousand dollars, but which, in fact, had cost but four thousand dollars. For a half-interest in the barque, Marvine, by a sealed…
1Opinion of the CourtG-otjld, J.
Some of the grounds urged to reverse this judgment are of -little moment. Such is the point that the referees erred, in refusing to allow the defendant’s set-off, or counterclaim, as to certain moneys paid by him. To which point it was sufficiently answered below, that the pleadings set np neither counterclaim nor set-off, and, therefore, none could be allowed.
The claim of error in admitting evidence as to the letter of T. 0. Larkin is manifestly unfounded; since, if fraud were the foundation of the action, it was clearly admissible; and if fraud were not the foundation of the action, the…
2Cases cited2 opinions
- Quin v. . MooreNew York Court of Appeals · 1857
- Allen v. AddingtonNew York Supreme Court · 1831
3Cited by70 opinions
- Devlin v. Mayor of New YorkNew York Court of Appeals · 1875
- Manufacturers Hanover Trust Co. v. Chemical BankAppellate Division of the Supreme Court of the State of New York · 1990
- Matarese v. Moore-McCormack Lines, Inc.Court of Appeals for the Second Circuit · 1946
- Fagan v. HookSupreme Court of Iowa · 1905
- Cohen v. City Company of New YorkNew York Court of Appeals · 1940
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