Place v. Miller
New York Court of Common Pleas
Appeal from an order. This action was brought by Isaac V. Place against Richard H. Miller and others. The plaintiff alleged that he had been induced to sell goods to the defendants by false and fraudulent representations made by them as to their capital and solvency, and as to" the persons who composed their firm.
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Appeal from an order. This action was brought by Isaac V. Place against Richard H. Miller and others. The plaintiff alleged that he had been induced to sell goods to the defendants by false and fraudulent representations made by them as to their capital and solvency, and as to" the persons who composed their firm. The defendants made an assignment for the benefit of creditors, in disregard of which the plaintiff levied an attachment which they had caused to be issued, on the assets in the possession of the assignee. The details of the circumstances relied on as showing a fraudulent intent…
1Opinion of the Court
Daly, F. J.
I entertain no doubt, after reading the affidavits, that the defendant Miller made the representations sworn to by Chapman, and that they were false, and were made for the purpose of inducing the plaintiff to send the defendants the large amount of goods which they had ordered. And I think also that Miller’s statement that the firm was solvent and able to pay their debts when this order was given, in July, 1866, and that their insolvency had been occasioned by circumstances which had occurred afterward, without stating what circumstances, or giving any other explanation, is not…
2Cases cited1 opinion
- Dickinson v. BenhamNew York Supreme Court · 1860