Legal Opinion

Trankla v. McLean

Appellate Division of the Supreme Court of the State of New York

Decided October 29, 1896Published

Appeal from first district court. Action by Charles Tranlda and others against Andrew McLean for deceit. There was a judgment in favor of plaintiffs, .and defendant appeals.

1Opinion of the CourtBischoff, J.

—The plaintiffs sued for, and have obtained, .a recovery of a sum of money paid by them to the defendant, the action proceeding upon allegations of fraud and deceit in inducing the payment, under a state of facts disclosed by the record, as follows : In the month of October, 1895, the plaintiffs, & firm in business at Grand Rapids, Mich., received a circular *797letter from the firm of E. & H. Adams, a milling concern,, soliciting orders for mosquito netting, and, in response to this, they sent an order for a certain quantity of the goods, the-transaction, thus far, being had directly with the…

2Cases cited9 opinions

  1. Bennett v. . JudsonNew York Court of Appeals · 1860
  2. Elwell v. . ChamberlinNew York Court of Appeals · 1864
  3. Morgan v. . SkiddyNew York Court of Appeals · 1875
  4. Smith v. . CountrymanNew York Court of Appeals · 1864
  5. Fishkill Savings Institution v. National BankNew York Court of Appeals · 1880

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