Burton v. Stewart
New York Supreme Court
This was an action of assumpsit, tried at the Madison circuit in April, 1828, before the Hon. Nathan Williams, one of the circuit judges. The action was on a promissory note given by the defendants to • the plaintiff The declaration contained a count' on the note, and also the common money counts. The plea was the general issue.
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This was an action of assumpsit, tried at the Madison circuit in April, 1828, before the Hon. Nathan Williams, one of the circuit judges. The action was on a promissory note given by the defendants to • the plaintiff The declaration contained a count' on the note, and also the common money counts. The plea was the general issue. The defendants proved that the note was given as the price of a mare sold to them by the plaintiff and that the plaintiff was guilty of deceit in the sale, having sold the mare as sound as far as he knew, when in fact he knew that she was infected with a disease…
1Opinion of the Court
By the Court,
Marcy, J.
The defendants contend that there was a total want of consideration for the note, by reason of the fraud practiced in the sale, and that therefore they were entitled to a verdict. The general position that all contracts infected with fraud are void both at law and in equity, is too well settled to be controverted, and too plain to require reference to authorities to support it; and it is not less certain that securities given on such contracts are also void as between the contracting parties. But a party to a fraudulent contract may, however, so conduct himself in…
2Cases cited1 opinion
- Spalding v. VandercookNew York Supreme Court · 1829
3Cited by37 opinions
- Reab v. McAlisterCourt for the Trial of Impeachments and Correction of Errors · 1831
- Kelley v. OwensCalifornia Supreme Court · 1898
- Barnett v. StantonSupreme Court of Alabama · 1841
- M'Allister v. ReabNew York Supreme Court · 1830
- Sonnesyn v. AkinNorth Dakota Supreme Court · 1905
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