Allen v. Addington
New York Supreme Court
■ This was an action on the case, tried at the New-York circuit in September, 1829, before the Hon. William .A. Duer, then one of the circuit judges.
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■ This was an action on the case, tried at the New-York circuit in September, 1829, before the Hon. William .A. Duer, then one of the circuit judges. The declaration contains three counts: The first charges- that the defendant intending to deceive and defraud the plaintiff, wrongfully and deceitfully encouraged and persuaded him to sell to one George W. Baker, goods, wares and merchandise of the value of $2000, upon credit, by falsely, deceitfully and fraudulently representing to the plaintiff that Baker was a person safely 'to be trusted and given credit to; that the plaintiff, confiding in…
1Opinion of the Court
By the Court,
Savage, Ch. J.
To aid in determining whether any cause of action is stated in this declaration, it will be useful to look at the cases which have been decided, and *18see what principles relating to this object have been settled. ppg first adjudged case upon this subject 5s Pasley v. Freeman, 3 T. R. 51, which was an action in the nature of a writ of deceit. After verdict, a motion was made in arrest; the third count was like the first in this declaration, which is conceded to be good in form and substance. The point decided in that case is, that a false affirmation, made by the…
2Cited by31 opinions
- Byxbie v. . WoodNew York Court of Appeals · 1862
- Tompkins v. HollisterMichigan Supreme Court · 1886
- Wakeman v. . DalleyNew York Court of Appeals · 1872
- Thompson v. RoseSupreme Court of Connecticut · 1844
- Wells v. Western Union Telegraph Co.Supreme Court of Iowa · 1909
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