Edwards v. Collson
New York Supreme Court
This action is brought to recover $500, and the interest on $1,000 from February 28,1867, the balance remaining due on two promissory notes made by the defendants to the plaintiff, of the date aforesaid, of $500 each ; one payable in one year and the other in two years. There was paid on the first note, March 31, 1868, $200, and October 7,1868, $300. The case was tried at the Chemung circuit in October, 1870, before Justice Balcom: and a jury.
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This action is brought to recover $500, and the interest on $1,000 from February 28,1867, the balance remaining due on two promissory notes made by the defendants to the plaintiff, of the date aforesaid, of $500 each ; one payable in one year and the other in two years. There was paid on the first note, March 31, 1868, $200, and October 7,1868, $300. The case was tried at the Chemung circuit in October, 1870, before Justice Balcom: and a jury. It appeared upon the trial that the notes were given upon the sale, to the defendants by the plaintiff and one Fox, of an engine and boilers, and the…
1Opinion of the CourtMiller, P. J.
The defendants’ counsel insist that the court erred upon the trial in holding that there was no evidence in the case showing fraud, and in taking the case from the jury. The allegations in the answer, that the plaintiff and Fox, at the time of the sale, represented, stated, promised and warranted the engine and boiler, &c., as sound, &c., and the averment negativing these allegations and stating their defective character, do not set up a case of fraudulent representations, and contain no statement whatever of knowledge of their falsity. The allegations of fraud immediately follow those which…
2Cases cited2 opinions
- Passinger v. . ThorburnNew York Court of Appeals · 1866
- Milburn v. . BelloniNew York Court of Appeals · 1868
3Cited by2 opinions
- Gove & Co. v. Island City Mercantile & Milling Co.Oregon Supreme Court · 1888
- Wood v. CarletonNew York Supreme Court · 1889