Smith v. . Sweeny
New York Court of Appeals
Action on an award for damages, for removing dirt and stones from certain lots in the city of Brooklyn. The answer denied all the allegations in the complaint, and set np that the plaintiff fraudulently induced the defendant to execute the submission bond by falsely representing himself as the owner of the lots damaged, whereas he was not, but his wife was the owner.
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Action on an award for damages, for removing dirt and stones from certain lots in the city of Brooklyn. The answer denied all the allegations in the complaint, and set np that the plaintiff fraudulently induced the defendant to execute the submission bond by falsely representing himself as the owner of the lots damaged, whereas he was not, but his wife was the owner. The cause was referred to a referee, who found that the title to the lots injured was in the wife of the plaintiff; that stones and gravel were removed from said lots by defendant without authority, and a claim was preferred by…
1Opinion of the CourtPeokham, J.
It is insisted that the award is void, because of the fraud of the plaintiff in inducing the defendant to execute the submission by representing that plaintiff was the owner of the lots.
Ho fraud is found by the referee: obviously, there was no pretense of any fraud on the part of the plaintiff. The bond of submission was executed on the part of the plaintiff by his agent, Ostrander, who then believed the title to be in the plaintiff; as soon as he found the fact to be otherwise, and before the award was made, he made it known to the defendant. There was, then, no fraud to vitiate the…
2Cases cited5 opinions
- Smith v. . the New York Central Railroad CompanyNew York Court of Appeals · 1862
- Nichols & Fay v. Rensselaer County Mutual InsuranceNew York Supreme Court · 1839
- Harrington v. HighamNew York Supreme Court · 1853
- Martin v. WilliamsNew York Supreme Court · 1816
- Schuyler v. Van Der VeerNew York Supreme Court · 1804
3Cited by4 opinions
- Continental Ins. v. GarrettCourt of Appeals for the Sixth Circuit · 1903
- In re the Arbitration between Eimco Corp. & Deering, Milliken & Co.New York Supreme Court · 1957
- Squier v. NorrisNew York Supreme Court · 1869
- Keep v. KeepNew York Supreme Court · 1879