Morris v. Wells
New York Supreme Court
Appeal from judgment on report of referee. Action of replevin by George Morris and Edmund Lewis against Edwin M. Wells, assignee of Scoville & Eoe, to rescind a contract of sale made to-his assignors, on the ground that the sale was induced by the fraudulent misrepresentations of the latter, and to recover the goods sold. Judgment was-rendered against the plaintiffs, and they appealed.
Read the full summary
Appeal from judgment on report of referee. Action of replevin by George Morris and Edmund Lewis against Edwin M. Wells, assignee of Scoville & Eoe, to rescind a contract of sale made to-his assignors, on the ground that the sale was induced by the fraudulent misrepresentations of the latter, and to recover the goods sold. Judgment was-rendered against the plaintiffs, and they appealed. On the trial the referee found that the plaintiffs were partners; that the defendant’s assignors were also partners at the time of the sale of the goods-referred to in the complaint; that the defendant was a…
1Opinion of the CourtMartin, J.
The only question relating to the findings of the referee, or to his refusal to find as requested by the plaintiffs, which we deem it necessary to examine arises upon his finding “that no false representations were made by Scoville & Roe to -the plaintiffs, upon which the plaintiffs relied, to induce the sale of the goods in question,” and upon his refusal to find “that plaintiff’s agent relied on the said statement so made by Scoville that he was personally worth six thousand dollars, and sold the bill of goods referred to in the complaint upon the strength of such representation.” The…
2Cases cited12 opinions
- Simar v. . CanadayNew York Court of Appeals · 1873
- Becker v. . KochNew York Court of Appeals · 1887
- Hubbell v. . MeigsNew York Court of Appeals · 1872
- Seymour v. . WilsonNew York Court of Appeals · 1856
- Bullis v. . MontgomeryNew York Court of Appeals · 1872
7 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Kerr v. JoslinNew York Supreme Court · 1892
- Livingston v. Manhattan Railway Co.The Superior Court of New York City · 1891
- Magar v. HammondAppellate Division of the Supreme Court of the State of New York · 1901