Legal Opinion

William A. Thomas Co. v. Holst

Appellate Terms of the Supreme Court of New York

Decided January 21, 1910Published

Appeal from Municipal Court, Borough of Manhattan, Second District. Action by the William A. Thomas Company against Christ Holst. From a judgment for defendant, plaintiff appeals.

1Opinion of the CourtLehman, J.

The plaintiff alleges that, relying upon the defendant’s fraudulent representation that he was August Holst, the owner of certain premises in the city of New York, he sold goods to the defendant and accepted notes made by the defendant amounting to the sum of $252. Upon plaintiff’s cross-examination it appeared that he had recovered a judgment against defendant upon his contract obligation with knowledge of the alleged fraud, and that the judgment, though not paid, has been satisfied of record. The trial justice thereupon at the close of plaintiff’s case dismissed the complaint, upon the…

2Cases cited7 opinions

  1. Bank of Beloit v. . BealeNew York Court of Appeals · 1866
  2. Equitable Co-Operative Foundry Co. v. HerseeNew York Court of Appeals · 1886
  3. Albany Hardware & Iron Co. v. DayAppellate Division of the Supreme Court of the State of New York · 1896
  4. Rochester Distilling Co. v. DevendorfNew York Supreme Court · 1893
  5. Rochester Distilling Co. v. DevendorfNew York Supreme Court · 1893

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