Johnson v. Florence
New York Court of Common Pleas
This was an action commenced in a district court by the granting of a warrant for the defendant’s arrest, upon the ground of fraud in contracting a bill of $233.75, for the use of certain coaches, horses and a wagon, hired by the defendant from plaintiff’s stable. The defendant on being brought before the justice, proposed to read certain affidavits explaining the representations made, and showing them to be true.
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This was an action commenced in a district court by the granting of a warrant for the defendant’s arrest, upon the ground of fraud in contracting a bill of $233.75, for the use of certain coaches, horses and a wagon, hired by the defendant from plaintiff’s stable. The defendant on being brought before the justice, proposed to read certain affidavits explaining the representations made, and showing them to be true. The- justice refused to allow the defendant to read such affidavits, on the ground that he had no power to hear them, and rendered judgment on proof of the plaintiff’s claim, for…
1Opinion of the Court
By the court, Daly, F. J.
The defendant was arrested upon a warrant founded upon affidavits alleging that the defendant made certain representations which induced the plaintiffs to let him on hire, coaches, horses and a wagon, from time to time, until the defendant ran up a bill of $233.75, which representations are alleged to have been false, and to have been made with a fraudulent intent. When the defendant was brought before the justice he offered to read a number of affidavits to show that the representations made by him were strictly true, but the justice refused to hear them, upon the…
2Cited by3 opinions
- Coles v. HanniganNew York Court of Common Pleas · 1878
- Stern v. MossNew York Court of Common Pleas · 1884
- Thompson v. ThompsonNorth Dakota Supreme Court · 1901