Rice v. . Manley
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department reversing a judgment in favor of plaintiffs, entered upon the report of a referee. ^(Reported below, 2 Hun, 492.) This was an action for fraud. The facts sufficiently appear in the opinion. Fraud, accompanied by damage, makes a cause of action.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department reversing a judgment in favor of plaintiffs, entered upon the report of a referee. ^(Reported below, 2 Hun, 492.) This was an action for fraud. The facts sufficiently appear in the opinion. Fraud, accompanied by damage, makes a cause of action. (Pasley v. Freeman, 3 T. R., 51; Upton v. Vail, 6 J. R., 181; White v. Merritt, 7 N. Y., 352, 357; 2 Wend., 385; 38 Barb., 210; 1 Kent’s Com., 478.) It was proper to prove the value of the cheese in New York. (Durst v. Burton, 47 N. Y., 175; Marshall v. N. Y.…
1Opinion of the CourtEabl, J.
The plaintiffs had made an agreement with one Stebbins to purchase from him a large quantity of cheese, to be delivered at a future day, at Cattaraugus station, Cattaraugus county. There had been no compliance with the statute of frauds so as to make the agreement binding upon either party; but both parties would have performed it but for the fraud of the defendant. /The defendant knowing of the agreement, for the fraudulent purpose of defeaSng its performance by Stebbins, of depriving the plaintiffs of the benefit thereof, and of himself obtaining the cheese, caused a telegraphic dispatch to…
2Cases cited5 opinions
- Dung v. . ParkerNew York Court of Appeals · 1873
- Benton v. PrattNew York Supreme Court · 1829
- Durst v. . BurtonNew York Court of Appeals · 1872
- White v. . MerrittNew York Court of Appeals · 1852
- Snow & Bush v. JudsonNew York Supreme Court · 1862
3Cited by115 opinions
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- Guard-Life Corp. v. S. Parker Hardware Manufacturing Corp.New York Court of Appeals · 1980
- Channel Master Corp. v. Aluminium Limited Sales, Inc.New York Court of Appeals · 1958
- Angle v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of the United States · 1894
- Doctor Fred L. Pasternack v. Laboratory Corporation of America HoldingsNew York Court of Appeals · 2016
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