Pearse v. Pettis
New York Supreme Court
THIS case is upon appeal from a judgment in favor of the plaintiff, on a verdict at the circuit, held in the county of Saratoga. The plaintiff, as the survivor of his brother, brings this action to recover a canal boat, alleged .to have been obtained from the plaintiff and his brother, in June, 1858, by Flanders & Perry, upon fraudulent representations as to their solvency or responsibility to pay for the boat.
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THIS case is upon appeal from a judgment in favor of the plaintiff, on a verdict at the circuit, held in the county of Saratoga. The plaintiff, as the survivor of his brother, brings this action to recover a canal boat, alleged .to have been obtained from the plaintiff and his brother, in June, 1858, by Flanders & Perry, upon fraudulent representations as to their solvency or responsibility to pay for the boat. The plaintiff claimed the right to disaffirm or rescind the contract, on the ground of the fraud in obtaining it. The boat was called the “ Sarah Paddock." One Jerome Paddock, by…
1Opinion of the CourtPotter, J.
I do not propose to discuss the points raised by the defendant, that the finding of the jury, upon each of the questions submitted to them, was against evidence, or against the weight of evidence. There was some evidence upon each of the questions so passed upon by the jury, tending to prove those issues, as found by them, and there being no point made, that the evidence was not legally admitted, the Verdict upon the question of fraud, and the good faith of the respective vendees, at the time of their purchases, can not be disturbed, as those questions are exclusively for the jury.
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2Cases cited3 opinions
- Masson v. BovetCourt for the Trial of Impeachments and Correction of Errors · 1845
- Stevens v. HydeNew York Supreme Court · 1860
- Ladd v. MooreThe Superior Court of New York City · 1851
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