Salisbury v. . Howe
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made April 26, 1879, which affirmed a judgment in favor of defendant, entered upon a verdict, and affirmed an order denying a motion for a new trial. The nature of the action and the facts are set forth sufficiently in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made April 26, 1879, which affirmed a judgment in favor of defendant, entered upon a verdict, and affirmed an order denying a motion for a new trial. The nature of the action and the facts are set forth sufficiently in the opinion. The deficiency in quantity of land or value thereof was not so trifling that the plaintiff should not have recovered it, whether his action was grounded in fraud, mistake or misrepresentation. ( Wilson v. Randall, 67 N. Y. 338, 343; Graves v.…
1Opinion of the CourtFinch, J.
This case strikes us as a plain attempt to change front after -an adverse verdict, and to defeat the result of a trial upon an open and conceded issue by substituting in its place one, either not thought of •during the struggle, or purposely concealed from the scrutiny of court and jury and the adverse party. The plaintiff’s cause of action, as stated in his complaint, was plainly grounded in fraud. It charges a purchase of land by the acre, and an excess of price beyond what was honestly due, fraudulently and deceitfully obtained by representations of quantity which were known to be false,…
2Cases cited3 opinions
- Byxbie v. . WoodNew York Court of Appeals · 1862
- Wilson v. . RandallNew York Court of Appeals · 1876
- Meyer v. . AmidonNew York Court of Appeals · 1871
3Cited by23 opinions
- Reno v. . BullNew York Court of Appeals · 1919
- Mescall v. TullyIndiana Supreme Court · 1883
- Oolitic Stone Co. v. RidgeIndiana Supreme Court · 1908
- Platter v. City of SeymourIndiana Supreme Court · 1882
- Haven v. NealSupreme Court of Minnesota · 1890
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