Bennett v. . Judson
New York Court of Appeals
Appeal from the Supreme Court. Complaint that the defendant, for the purpose of effecting a sale to the plaintiff of certain lands in the States of Indiana and Illinois, made false and fraudulent representations in respect to their location, proximity to a river and railroad, their agricultural qualities, &c.; that the plaintiff, confiding in such representations, bought the land, paid for it and incurred expenses in removing his family to the same and bringing them back…
Read the full summary
Appeal from the Supreme Court. Complaint that the defendant, for the purpose of effecting a sale to the plaintiff of certain lands in the States of Indiana and Illinois, made false and fraudulent representations in respect to their location, proximity to a river and railroad, their agricultural qualities, &c.; that the plaintiff, confiding in such representations, bought the land, paid for it and incurred expenses in removing his family to the same and bringing them back after he discovered that the representations were false and the lands comparatively worthless. Upon the trial at the…
1Opinion of the Court
Comstock, Oh. J.
There is no evidence that the defendant authorized- or knew of the alleged fraud committed by his agent Davis, in negotiating the exchange of lands. Nevertheless, he cannot enjoy the fruits of the bargain without adopting all the instrumentalities employed by the agent in bringing it to a consummation. If an agent defrauds the person with whom, he is dealing, the principal, not having authorized or participated in the wrong, may no doubt rescind, when he discovers the fraud, on the terms of making complete restitution. But so long as he retains the benefits of the dealing he…
2Cases cited1 opinion
- Lounsbury v. . PurdyNew York Court of Appeals · 1859
3Cited by141 opinions
- Harriss v. TamsNew York Court of Appeals · 1932
- Crislip v. CainWest Virginia Supreme Court · 1882
- Atlantic Cotton Mills v. Indian Orchard MillsMassachusetts Supreme Judicial Court · 1888
- New York & New Haven Railroad v. SchuylerNew York Court of Appeals · 1865
- N.Y. N.H.R.R. Co. v. . SchuylerNew York Court of Appeals · 1865
136 more not listed; retrieve them via the Exa API.