Tindle v. Birkett
Appellate Division of the Supreme Court of the State of New York
• Appeal by the plaintiffs, Thomas- Tindle and another, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 5th day of May, 1900, upon a nonsuit granted by the court after a trial at the Erie Trial Term.
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• Appeal by the plaintiffs, Thomas- Tindle and another, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 5th day of May, 1900, upon a nonsuit granted by the court after a trial at the Erie Trial Term. This action was originally brought against the defendant.and one Calvin P. Russell, who constituted the firm of Russell & Birkett, to recover for fraud and deceit in the purchase by that firm of certain goods and merchandise of the plaintiffs upon, three separate occasions. During the pendency of the action the…
1Opinion of the Court
Adams, P. J.:
That the statements upon which the rating of the defendant’s firm was based by the mercantile agency of R. Gr. Dun & Co. were grossly false and that the plaintiffs relied upon such rating in giving the firm credit for the goods purchased upon the several occasions mentioned are facts concerning which there is and can be no serious dispute; and had such statements been made directly to the plaintiffs under circumstances which would fairly -yarrant the assumption that they were so made by way of inducing credit, there would, of ■ course, be no question as to the right of the…
2Cases cited3 opinions
- Eaton, Cole Burnham Co. v. . AveryNew York Court of Appeals · 1880
- Converse v. SicklesAppellate Division of the Supreme Court of the State of New York · 1897
- Aultman, Miller & Co. v. CarrCourt of Appeals of Texas · 1897
3Cited by2 opinions
- Harrell v. Review Board of Indiana Employment Security DivisionIndiana Court of Appeals · 1978
- Oille v. RodgerAppellate Division of the Supreme Court of the State of New York · 1901