Thayer v. . Manley
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, reversing án order of Special Term denying a new trial, and granting a new trial unless defendant comply with certain conditions specified, in which case directing a dismissal of the complaint. (^Reported below, 8 Hun, 550.) Tills was an action to recover damages for the alleged conversion of three promissory notes.
Read the full summary
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, reversing án order of Special Term denying a new trial, and granting a new trial unless defendant comply with certain conditions specified, in which case directing a dismissal of the complaint. (^Reported below, 8 Hun, 550.) Tills was an action to recover damages for the alleged conversion of three promissory notes. The complaint alleged and plaintiff’s evidence tended to show that defendant in October, 1872, by means of certain false and fraudulent representations induced plaintiff to execute arid…
1Opinion of the CourtMiller, J.
The material question which arises upon this appeal relates to the measure of damages which the plaintiff was entitled to recover. The making of the notes by the plaintiff and the delivery to the defendant was procured by means of false and fraudulent representations. One of the notes was past due. Two others had not arrived at maturity at the time of the trial, and all of them were then in the defendant’s possession. The judge, upon the trial, charged that the plaintiff was entitled to recover an amount equal to the face of the three notes, and a recovery was had accordingly. We think there…
2Cases cited5 opinions
- Booth v. . PowersNew York Court of Appeals · 1874
- Decker v. . MathewsNew York Court of Appeals · 1855
- Curtis v. GroatNew York Supreme Court · 1810
- Ingalls v. LordNew York Supreme Court · 1823
- Neff v. CluteNew York Supreme Court · 1852
3Cited by39 opinions
- Norton v. LarneySupreme Court of the United States · 1925
- Metropolitan Elevated Railway Co. v. KneelandNew York Court of Appeals · 1890
- Fahey v. Esterley Machine Co.North Dakota Supreme Court · 1893
- Nelson v. First Nat. BankCourt of Appeals for the Eighth Circuit · 1895
- Farnham v. . BenedictNew York Court of Appeals · 1887
34 more not listed; retrieve them via the Exa API.