Hickey v. . Morrell
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of Hew York, entered upon an order made June 30, 1884, which affirmed a judgment in favor of defendant, entered upon an order dismissing the complaint on trial. (Reported below, 12 Daly, 482.) The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of Hew York, entered upon an order made June 30, 1884, which affirmed a judgment in favor of defendant, entered upon an order dismissing the complaint on trial. (Reported below, 12 Daly, 482.) The nature of the action and the material facts are stated in the opinion. When, from the circumstances shown, inferences are to he drawn which are not certain and incontrovertible, and may be differently made by different minds, it is for the jury to make them. In such case it is error to withdraw the…
1Opinion of the CourtDaftforth, J.
As to the character of this action the parties are agreed. It is for “ falsely and fraudulently ” and “ with intent to deceive and defraud the plaintiff,” representing, among other things that the defendant’s warehouse was “ fire-proof on the exterior,” whereby the plaintiff was’ induced to deliver to him to be stored therein, certain property of value, which while there was destroyed by fire communicated from the outside “ to the wooden cornice and wooden window frames ” of the warehouse and thence to the property in question.
The answer admitted that defendant was proprietor of the…
2Cases cited2 opinions
- Simar v. . CanadayNew York Court of Appeals · 1873
- Gordon v. ButlerSupreme Court of the United States · 1882
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- People v. . PeckensNew York Court of Appeals · 1897
- Seven Cases of Eckman's Alternative v. United StatesSupreme Court of the United States · 1916
- The Edward Barron Estate Co. v. the Woodruff Co.California Supreme Court · 1912
- Cristallina S. A. v. Christie, Manson & Woods International, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
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