Yarter v. Walcott
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Merritt D. Walcott, from a judg ment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Washington on the 18th day of April, 1913, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 5th day of May, 1913, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Woodward, J.:
The complaint alleges that the defendant, for the purpose of inducing the plaintiff to enter into a contract for the sale of certain merchandise, and for the purpose of obtaining said merchandise, represented to the plaintiff that he, the defendant, was then solvent and had on hand sufficient money to pay for the same; that the plaintiff, relying upon the representations and induced thereby, parted with the merchandise to the defendant; that said statements were false and were known by the defendant to be false and that they were made for the purpose of deceiving and defrauding…
2Cases cited1 opinion
- Russell v. WilberAppellate Division of the Supreme Court of the State of New York · 1912