Duffany v. . Ferguson
New York Court of Appeals
Appeal from judgment of the General Term of the' Supreme Court in the fourth judicial department affirming a judgment in favor of plaintiff, entered upon a verdict. This action was for fraud.
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Appeal from judgment of the General Term of the' Supreme Court in the fourth judicial department affirming a judgment in favor of plaintiff, entered upon a verdict. This action was for fraud. Defendant’s counsel requested the court to charge “that the defendant, if he told the plaintiff that the legacy was good, or he believed it to be good, whichever expression he used, that in either case under the circumstances, without reference to this will, it was a mere matter of opinion, upon which the charges of the complaint in this case cannot be supported.” The court responded: “If the jury are…
1Opinion of the CourtMiller, J.
This action is based upon the false and fraudulent representations of the defendant, made with the intent to deceive and defraud the plaintiff. To sustain such an action it must not only be proved that the representations made were .false in fact, but that the party who made them had, at the time, reason to believe that they were false. (Oberlander v. Spiess, 45 N. Y., 175; Meyer v. Amidon, id., 169.) The representations made by the defendant, and proved upon the trial, were to the effect and in substance that the legacy which was purchased by the plaintiff was good; that it was as good ’ as…
2Cases cited3 opinions
- Simar v. . CanadayNew York Court of Appeals · 1873
- Marsh v. FalkerNew York Court of Appeals · 1869
- Oberlander v. . SpiessNew York Court of Appeals · 1871
3Cited by9 opinions
- National Conversion Corp. v. Cedar Building Corp.New York Court of Appeals · 1969
- Russell v. Sunburst Refining Co.Montana Supreme Court · 1928
- Burtch v. Child, Hulswit & Co.Michigan Supreme Court · 1919
- Kountze v. KennedyNew York Supreme Court · 1893
- Mauger v. SlavinAppellate Division of the Supreme Court of the State of New York · 1896
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