Dubois v. Hermance
New York Supreme Court
PhAiímFES and J. H. Decker, on the 3d day of February, 1869, sold defendants certain real estate consisting of mills, stone house and docks at Napanock, ahd plaintiffs at the same time sold and transferred to defendants all plaintiffs’ contracts for the purchase or sale of lumber for the year 1869. The total consideration to be paid therefor by defendants was 810,500, and defendants agreed to perform all of said plaintiffs’ contracts for purchase or sale of lumber.
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PhAiímFES and J. H. Decker, on the 3d day of February, 1869, sold defendants certain real estate consisting of mills, stone house and docks at Napanock, ahd plaintiffs at the same time sold and transferred to defendants all plaintiffs’ contracts for the purchase or sale of lumber for the year 1869. The total consideration to be paid therefor by defendants was 810,500, and defendants agreed to perform all of said plaintiffs’ contracts for purchase or sale of lumber. An agreement setting forth these and other facts, was reduced to writing and signed and sealed by all the parties thereto. Among…
1Opinion of the CourtBoardman, J.
Upon the trial defendants offered to prove false representations made by plaintiffs as to their contracts for the purchase of lumber.
1. As affecting the defendants’ relations with one Tuthill (to whom the defendants transferred the Ward contract), and by reason of which Tuthill refused to perform it.
2. As a substantial defense to the action.
The evidence was not admissible for either purpose. The defendants’ contract with Tuthill was not involved in the issue.
It is difficult to see how the defendants could be benefited by any position which Tuthill might have taken. They are defending against…
2Cases cited5 opinions
- Vartie v. UnderwoodNew York Supreme Court · 1854
- Konitzky v. . MeyerNew York Court of Appeals · 1872
- Van Schaick v. . Third Avenue R.R. Co.New York Court of Appeals · 1868
- Holmes v. WeedNew York Supreme Court · 1854
- Mayor of Troy v. Troy & Lansingburgh RailroadNew York Supreme Court · 1870