Young v. Hutchinson

*563In our opinion, the learned trial court was in error in holding, as he did here, that in order to prevail plaintiffs’ proof in support of the alleged fraud “must go beyond the presentation of a preponderance of evidence” and “must nearly approach the standard of proof required in a criminal action” (cf. Kurz v. Doerr, 180 N. Y. 88; Chemical Corn Exch. Bank v. Wassung, 7 N Y 2d 337). It has been held that “intent to defraud is never presumed, but must be established by proof” (Karpas v. Brussel, 217 App. Div. 550, 554); that fraud “is of the nature of a crime, and cannot be presumed” (Morris…