Meyer v. . Amidon
New York Court of Appeals
Appeal from a judgment of the General Term of the first judicial district, affirming a judgment for the plaintiffs entered upon the report of a referee.
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Appeal from a judgment of the General Term of the first judicial district, affirming a judgment for the plaintiffs entered upon the report of a referee. This action was brought to recover damages from the defendant for false and fraudulent representations in regard to the solvency of the firm of Blackmer, Walker & Co., whereby the plaintiffs were induced to sell them goods to the amount of $3,500. The referee’s report contained a finding of facts that the representations made by the defendant were false, and that the plaintiffs were induced to trust the firm in question in consequence of…
1Opinion of the CourtFolger, J.
We have held, in the case of Oberlander v. Spies and others,* decided at the December sitting, that an action founded upon the deceit and fraud of the defendant, cannot be maintained, in the absence of proof, that he believed or had réason to believe, at the time when he made them, that the representations made by him, were false, and that they were, for that reason, fraudulently made.
Marsh v. Falker (40 N. Y., 562) should be read in connection, where it was held that the defendant must have known at the time, that the representations were false, or must have assumed or intended to convey the…
2Cases cited7 opinions
- Marsh v. FalkerNew York Court of Appeals · 1869
- Carman v. . PultzNew York Court of Appeals · 1860
- Grant v. . MorseNew York Court of Appeals · 1860
- Brainerd v. . DunningNew York Court of Appeals · 1864
- Smith v. . CoeNew York Court of Appeals · 1864
2 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Taylor v. . GuestNew York Court of Appeals · 1874
- Wakeman v. . DalleyNew York Court of Appeals · 1872
- Humphrey v. MerriamSupreme Court of Minnesota · 1884
- Dulaney v. RogersSupreme Court of Missouri · 1876
- Salisbury v. . HoweNew York Court of Appeals · 1881
23 more not listed; retrieve them via the Exa API.