Tindle v. . Birkett
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the-Supreme Court in the fourth judicial department, entered February 26, 1901, affirming a judgment in favor of defendant entered Upon a dismissal of the complaint by the court at a Trial Term. The nature of the action anfl the facts, so far as material,, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the-Supreme Court in the fourth judicial department, entered February 26, 1901, affirming a judgment in favor of defendant entered Upon a dismissal of the complaint by the court at a Trial Term. The nature of the action anfl the facts, so far as material,, are stated in the opinion. The defendant is liable, if the representations which he made contributed in any degree to induce the party to act, no matter what other influence, facts or representations may have also contributed to so induce him. (Shaw v. Stine, 8 Bosw. 157; Morris v. Wells,…
1Opinion of the Court
The plaintiffs sought to recover in an action based upon allegations of fraud and deceit practiced upon them by the defendant, the price of three bills of goods which they were induced by such fraud to sell to a firm of dealers of which the defendant was a member. The firm was composed of the defendant and another person who died before the trial, and by an order of the court the action was continued against the defendant. At the trial before the court and a jury the plaintiffs were nonsuited and their counsel excepted and this exception presents the question of law in the case. The judgment…
2Cases cited1 opinion
- Eaton, Cole Burnham Co. v. . AveryNew York Court of Appeals · 1880
3Cited by28 opinions
- Ultramares Corp. v. ToucheNew York Court of Appeals · 1931
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- Securities Investor Protection Corp. v. BDO Seidman, LLPCourt of Appeals for the Second Circuit · 2000
- Caramante v. BartonAppellate Division of the Supreme Court of the State of New York · 1985
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