Whiteside v. Hyman
New York Supreme Court
Appeal from a judgment in favor of the plaintiffs, entered upon the verdict of a jury. The action was brought to recover the damages sustained by the plaintiffs by compromising a debt owing to them by the defendant, which compromise they were induced to enter into by reason of false and fraudulent representations made to them by the defendant.
Read the full summary
Appeal from a judgment in favor of the plaintiffs, entered upon the verdict of a jury. The action was brought to recover the damages sustained by the plaintiffs by compromising a debt owing to them by the defendant, which compromise they were induced to enter into by reason of false and fraudulent representations made to them by the defendant. Upon the trial a witness called in behalf of the defendant was ashed by his counsel,. “ state whether your father (the defendant) had property or assets sufficient to pay over fifty cents on the dollar of his liabilities ? ” which question was, upon the…
1Opinion of the Court
Daniels, J.:
The plaintiffs were creditors of the defendant, who endeavored to compromise his debts, because of his inability to pay them in full. He applied to the plaintiffs to become parties to the composition for the amount of fifty per cent of the sum owing to them. They doubted the good faith of his failure, and were indisposed to assent *219to that arrangement. For the purpose of overcoming their doubts, and inducing them to accept his offer, it was alleged that he represented that another firm' of his creditors had agreed to accept the compromise proposed, and to discharge him from…
2Cases cited5 opinions
- Benton v. PrattNew York Supreme Court · 1829
- Barnes v. . QuigleyNew York Court of Appeals · 1874
- Farrington v. BullardNew York Supreme Court · 1863
- Neff v. CluteNew York Supreme Court · 1852
- Parvi v. City of KingstonNew York Court of Appeals · 1977