Schumaker v. Mather
New York Supreme Court
Appeal from circuit court, Oneida county. Action by Clara B. Schumaker against Joshua Mather and Charles W. Mather, defendants. Defendants appeal from a judgment entered in Oneida county, January 30, 1890, for $5,698.82, on the verdict of a jury, and from an order denying their motion for a new trial made on the minutes of the trial judge.
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Appeal from circuit court, Oneida county. Action by Clara B. Schumaker against Joshua Mather and Charles W. Mather, defendants. Defendants appeal from a judgment entered in Oneida county, January 30, 1890, for $5,698.82, on the verdict of a jury, and from an order denying their motion for a new trial made on the minutes of the trial judge. The action was commenced in January, 1887, to recover damages for fraud or deceit in the exchange of a farm owned by the defendants situated in Oneida county, B.Y., for a farm situated in Otsego county, owned by the plaintiff. So far as is material to the…
1Opinion of the CourtMartin, J.
The appellants contend that the evidence in this case was insufficient to justify the court in submitting to the jury the question of the defendants’ fraud, or to uphold the verdict in this case. The question of the *416defendants’ fraud, as submitted to the jury, was made dependent upon whether they fraudulently represented to the plaintiff that the Oneida county farm had kept during the season 100 head of cattle and 16 horses. Thus, at the outset, we are led to examine the evidence to discover whether it was sufficient to justify the jury in finding that this representation was made by the…
2Cases cited9 opinions
- Baird v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Losee v. . BuchananNew York Court of Appeals · 1873
- Albany City Savings Institution v. . BurdickNew York Court of Appeals · 1881
- Caldwell v. . New Jersey Steamboat Co.New York Court of Appeals · 1872
- Long v. . WarrenNew York Court of Appeals · 1877
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3Cited by2 opinions
- Culliford v. GaddThe Superior Court of the City of New York and Buffalo · 1892
- Culliford v. GaddThe Superior Court of New York City · 1892