Legal Opinion

Northrop v. Hill

New York Supreme Court

Decided November 13, 1871PublishedCited by 3 opinions

THIS is an appeal from a judgment, rendered at a special term, denying the plaintiff’s motion for a new trial on a case and exceptions. The action was brought to recover damages for fraudulent representations made by the defendant in respect to he title to a farm which the plaintiff was about purchasing. The sale was negotiated with the plaintiff by the defendant. Among other defenses set up in the answer," was that of the statute of limitations.

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THIS is an appeal from a judgment, rendered at a special term, denying the plaintiff’s motion for a new trial on a case and exceptions. The action was brought to recover damages for fraudulent representations made by the defendant in respect to he title to a farm which the plaintiff was about purchasing. The sale was negotiated with the plaintiff by the defendant. Among other defenses set up in the answer," was that of the statute of limitations. On the trial the plaintiff offered to prove that, on the 24th day of March, 1854, the defendant, fraudulently represented to the plaintiff that…

1Opinion of the Court

By the Court, Johnson, J.

According to the plaintiff’s otter of proof upon the trial, he once had a good cause of action against the defendant. (Haight v. Hayt, 19 N. Y. 464, and cases there cited.) But it is entirely clear that he has lost it by his delay in commencing his action. The fraud complained of was practiced. upon the plaintiff in March, 1854, and this action was not commenced until *144June, 1869, nearly fifteen years afterwards. It is admitted that the fraud was discovered - by the plaintiff more than six years before he commenced his action. There can be no doubt that this cause of…

2Cases cited2 opinions

  1. Haight v. . HaytNew York Court of Appeals · 1859
  2. Leonard v. PitneyNew York Supreme Court · 1830

3Cited by3 opinions

  1. Miller v. . WoodNew York Court of Appeals · 1889
  2. Ball v. GerardAppellate Division of the Supreme Court of the State of New York · 1914
  3. Hogan v. WolfNew York Supreme Court · 1890

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