Brown v. McCune
The Superior Court of New York City
This was an action for the price of goods, sold and delivered to the defendants, in June, 1846. The only defence set up in the answer, was infancy. The plaintiffs, in their reply, took issue upon the infancy, and also averred, that if the defendant was an infant at the time of the sale, he falsely and fraudulently represented himself to be of age, and thereby induced the plaintiffs to sell, and deliver to him the goods.
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This was an action for the price of goods, sold and delivered to the defendants, in June, 1846. The only defence set up in the answer, was infancy. The plaintiffs, in their reply, took issue upon the infancy, and also averred, that if the defendant was an infant at the time of the sale, he falsely and fraudulently represented himself to be of age, and thereby induced the plaintiffs to sell, and deliver to him the goods. Upon these pleadings, the cause was brought to a trial before Mr. Justice Duer, and a jury, on the 16th of May, 1851. Upon the trial, an aunt of the defendant, who was called…
1Opinion of the Court
By the Court.
Sandford, J.
The plaintiffs excepted to the decision of the judge, at the trial, on two grounds :
1. Because he held that the defendant's false representation, as to his age, was not conclusive upon him by way of estoppel; and,
2.. Because that fact was not received as evidence of fraud.
There was a further offer to prove that the defendant purchased the goods fraudulently, with an intention of not paying for them, which was, undoubtedly, founded upon the same misrepresentations.
1. In respect of the estoppel. We are not aware that any case has gone the length of holding a party…
2Cited by16 opinions
- In re ComstockDistrict Court, D. Oregon · 1874
- In re GoodchildNew York Surrogate's Court · 1936
- Eckstein v. FrankNew York Court of Common Pleas · 1863
- Ferguson v. HamiltonNew York Supreme Court · 1862
- New Haven, Middletown & Willimantic Railroad v. Town of ChathamSupreme Court of Connecticut · 1875
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