Bliss v. Cottle
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. The action was brought against the defendant to recover the value of certain parcels of dry goods, sold by the plaintiffs to one Fay, upon his fraudulent representations as to his pecuniary ability and circumstances.
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APPEAL from a judgment entered upon the report of a referee. The action was brought against the defendant to recover the value of certain parcels of dry goods, sold by the plaintiffs to one Fay, upon his fraudulent representations as to his pecuniary ability and circumstances. The goods were sold at various dates, from September 23 to October 19, 1857, amounting in all to $2014.65. Three other parcels of goods had been purchased of them, in respect to which no fraud was pretended or found, amounting to $486.80. On the 25th December, 1857, Fay made an assignment of his property to the…
1Opinion of the Court
By the Court,
E. Darwin Smith, J.
Upon the chief question of fact tried before the referee in this action no point is made, here. That the goods for which this action was brought were obtained from the plaintiffs by false representations, must therefore be assumed as true. The plaintiffs’ right to declare generally, claiming the property as theirs and give the special facts in evidence on the trial to establish the fraud, is, I think, undoubted. It is so held expressly in Hunter v. Hudson River Iron Company, (20 Barb. 493,) which on this point we think was rightly decided. *324The questions chiefly…
2Cases cited5 opinions
- Freeman v. BoyntonMassachusetts Supreme Judicial Court · 1811
- Bank of Utica v. SmithNew York Supreme Court · 1820
- Griffin v. . MarquardtNew York Court of Appeals · 1858
- Hunter v. Hudson River Iron & Machine Co.New York Supreme Court · 1855
- Bellows v. Hallowell & Augusta BankU.S. Circuit Court for the District of Massachusetts · 1819
3Cited by14 opinions
- Werth v. City of SpringfieldMissouri Court of Appeals · 1886
- Everett v. BuchananSupreme Court Of The Territory Of Dakota · 1880
- McConihe v. . FalesNew York Court of Appeals · 1887
- Desbecker v. McFarLineAppellate Division of the Supreme Court of the State of New York · 1899
- Frank, Herman & Co. v. RobinsonMississippi Supreme Court · 1887
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