Mayer v. . Dean
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made April, 1887, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the material facts are stated in the opinion. A vendor is not permitted to add false representations to a deceptive sample to aid him in a fraudulent scheme.
Read the full summary
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made April, 1887, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the material facts are stated in the opinion. A vendor is not permitted to add false representations to a deceptive sample to aid him in a fraudulent scheme. (Hargous v. Stone, 5 N. Y. 73; Benjamin on Sales, § 887; Mody v. Gregson, L. R., 4 Ex. 49.) It was- competent for defendants to show the representations and statements made by plaintiff’s…
1Opinion of the Court
Ruger, Ch. J.
The plaintiff seeks to recover the contract-price, for a lot of mustard seed sold through a broker by him to the defendants.
The defense, as stated by the answer, was that the sale was by sample and that the bulk did not correspond with the sample, but was dirty, impure and inferior to the sample. It also alleged that this dirt and impurity was not discoverable upon inspection, and that the plaintiff knew the seed was dirty and impure, and upon the sale fraudulently represented that the same was clean and free from dirt and impurity, with the view of cheating and defrauding the…
2Cases cited7 opinions
- Bennett v. . JudsonNew York Court of Appeals · 1860
- Mead v. . BunnNew York Court of Appeals · 1865
- Sandford v. HandyNew York Supreme Court · 1840
- Day v. . PoolNew York Court of Appeals · 1873
- Griswold v. . HavenNew York Court of Appeals · 1862
2 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Phenix Ins. v. KerrCourt of Appeals for the Eighth Circuit · 1904
- Angerosa v. White Co.Appellate Division of the Supreme Court of the State of New York · 1936
- Griffith v. StrandWashington Supreme Court · 1898
- Gunther v. UllrichWisconsin Supreme Court · 1892
- Eppens, Smith Wiemann Co. v. . LittlejohnNew York Court of Appeals · 1900
35 more not listed; retrieve them via the Exa API.