Atkins v. . Elwell
New York Court of Appeals
Appeal from the judgment of the General Term of the Supreme Court, in the first judicial district, affirming a judgment rendered at the circuit, in favor of defendants. This action was brought to recover damages alleged to have been sustained by the plaintiffs by the fraud of the defendants, on the sale of a ship to them.
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Appeal from the judgment of the General Term of the Supreme Court, in the first judicial district, affirming a judgment rendered at the circuit, in favor of defendants. This action was brought to recover damages alleged to have been sustained by the plaintiffs by the fraud of the defendants, on the sale of a ship to them. The complaint averred, that the plaintiffs were induced to' make such purchase by the false and fraudulent representations of the defendants that the vessel was sound and in good order; whereas, at the time, the ship was unsound and badly worm-eaten, as the defendants then…
1Opinion of the CourtFolger, J.
This appeal is based upon certain exceptions to the rulings of the court below upon the admission of evidence, to its refusal to charge the jury in some particulars as requested, and to portions of the charge as delivered.
The first exception is to the admission in evidence of the protest made by the master of the ship at Bio, and which was used by the plaintiffs in the establishment and collection of their claim against the insurance companies for the damage suffered by her. One of the plaintiffs, being upon the stand as a witness, testified, 'that though he had made search and inquiry for…
2Cases cited1 opinion
- Marsh v. FalkerNew York Court of Appeals · 1869
3Cited by24 opinions
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- Groh's Sons v. GrohAppellate Division of the Supreme Court of the State of New York · 1903
- Comstock v. SmithMichigan Supreme Court · 1873
- Jennison v. HaireMichigan Supreme Court · 1874
- Schwartz v. Germania Life InsuranceSupreme Court of Minnesota · 1875
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