Howell v. Bennett
New York Supreme Court
Appeal from circuit court, New York county. Action by Benjamin H. Howell, Thomas A. Howell, Frederick H. Howell, Henry B. Howell, and James H. Post, against James P. Bennett to recover damages for false representations. From a judgment entered on a verdict in favor of plaintiffs, and from an order denying a motion for a new trial made on the minutes of the court, ■defendant appeals.
1Opinion of the CourtFollett, J.
In 1890 the plaintiffs were wholesale dealers in teas and coffees in the city of New York, and the defendant was a. retail dealer in those articles, and in groceries, in the same city. On the 6th of May, 1890, the defendant, for the purpose of obtaining credit, wrote the plaintiffs that he was worth from ten to fifteen thousand dollars over and above all liabilities, and was doing a prosperous business. Upon this statement the plaintiffs sold on credit to the defendant, on 'May 6th, coffee, at the agreed price of $4,371.57, which he subsequently paid. Afterwards, and before June 28th, 1890,…
2Cases cited4 opinions
- Vanderslice v. . NewtonNew York Court of Appeals · 1850
- Woodruff v. CookNew York Supreme Court · 1857
- Gilbert v. RoundsNew York Supreme Court · 1857
- Stuart v. BinsseThe Superior Court of New York City · 1863
3Cited by4 opinions
- Sinclair Refining Co. v. Jenkins Petroleum Process Co.Supreme Court of the United States · 1933
- McClelland v. Climax Hosiery MillsNew York Court of Appeals · 1930
- McClelland v. Climax Hosiery MillsNew York Court of Appeals · 1930
- Sanders v. RolnickAppellate Terms of the Supreme Court of New York · 1947