Shaut v. Schauroth
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Monroe county. Action by Theodore J. Shaut and another against Udo V. Schauroth and another for damages for false and fraudulent representations in the purchase of goods. From an interlocutory judgment overruling a demurrer to the complaint, defendants appeal. Affirmed.
1Opinion of the CourtSpring, J.
The complaint shows that on November 21,1896, the plaintiffs sold and delivered to the defendants, on credit, a quantity of leather, at the agreed price of $1,823.66; that prior to such sale the defendants fraudulently represented that they were responsible; that in fact they were insolvent, as they knew, and purchased said goods with the preconceived purpose not to pay for the same, and to deceive the plaintiff; that said defendants had fraudulently represented to a commercial agency that they possessed property of the value of about $90,000 in excess of all their liabilities; that on the…
2Cases cited5 opinions
- Powers v. . BenedictNew York Court of Appeals · 1882
- Emma Silver Mining Co. v. Emma Silver Mining Co. of New YorkU.S. Circuit Court for the District of Southern New York · 1880
- Sleeper v. DavisSupreme Court of New Hampshire · 1886
- Welch v. SeligmanNew York Supreme Court · 1893
- Rochester Distilling Co. v. DevendorfNew York Supreme Court · 1893