Legal Opinion

Whitney v. Allaire

New York Supreme Court

Decided May 15, 1847PublishedCited by 60 opinions

Error to the superior court of the city of New-York. After the reversal of the former judgment of the superior cour/ in this cause, (see 4 Hill, 184,) the issue was again tried in that court, and there was a verdict and judgment for the defendant ; to review which the present writ of error was brought by the plaintiff.

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Error to the superior court of the city of New-York. After the reversal of the former judgment of the superior cour/ in this cause, (see 4 Hill, 184,) the issue was again tried in that court, and there was a verdict and judgment for the defendant ; to review which the present writ of error was brought by the plaintiff. The evidence upon the second trial presented substantially the same case which had been proved on the former occasion, an abstract of which is contained in the report referred to. The court below charged the jury that although the defendant, after the discovery of the extent of…

1Opinion of the Court

By the Court, Jewett, J.

When this case was before the court on the former occasion, it was held that a present interest in the term passed to the defendant from the plaintiff for one year; that the defendant having taken the lease of the wharf upon the faith of the fraudulent misrepresentations of the plaintiff, had an election either to repudiate the contract or to take the benefit of it; and that though he chose the latter course he might, when sued for the rent, claim a deduction by way of recoupment for the damages which he had sustained in consequence of the fraud; and that although the…

2Cases cited1 opinion

  1. Boorman v. JenkinsNew York Supreme Court · 1834

3Cited by60 opinions

  1. People v. . StephensNew York Court of Appeals · 1878
  2. Gould v. Cayuga County National BankNew York Court of Appeals · 1885
  3. McAleer v. HorseyCourt of Appeals of Maryland · 1872
  4. Pryor v. . FosterNew York Court of Appeals · 1891
  5. Bassett v. BrownMassachusetts Supreme Judicial Court · 1870

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