Comstock v. Ames

This was an action for fraud in the sale of certain lots in “Macomb’s purchase,” in the county of Franklin. The plaintiff, on the trial before the referee, recovered the amount of 05,360 as damages. On appeal to the General Term of the fourth district, the judgment in favor of the plaintiff was reversed, and a hew trial ordered. The plaintiff now appeals to this court. The facts are stated in the opinion of the court.

The material facts in this case, as they are shown by the report of the referee, are the following:

On the 13th day of January, 1853, Alraz Hayes, now deceased, entered into a…