Marsh v. Falker
New York Court of Appeals
This action was brought to recover damages alleged to have been occasioned by certain fraudulent representations made by the defendant to the plaintiff, concerning the responsibility of Isaac Kahn. At the time when it was claimed, upon the trial, that the representations were made, which was in January, 1860, the plaintiff was engaged in business at the city of Auburn, manufacturing leather and dealing in sheep skins.
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This action was brought to recover damages alleged to have been occasioned by certain fraudulent representations made by the defendant to the plaintiff, concerning the responsibility of Isaac Kahn. At the time when it was claimed, upon the trial, that the representations were made, which was in January, 1860, the plaintiff was engaged in business at the city of Auburn, manufacturing leather and dealing in sheep skins. Kahn then had a leather store in Syracuse, where he also dealt in sheep skins, and the defendant carried on business in the same place as a dealer in liquor, cigars, hides and…
1Opinion of the CourtDaniels, J.
The representations, which the plaintiff’s evidence tended to prove were made to him in this case, were sufficient, if they were fraudulently made, to warrant a recovery in his favor; for it was shown that Kahn was insolvent, and the jury would have been justified by the evidence, in finding that they induced the sale and produced the loss which was occasioned by it. But before the plaintiff could lawfully recover that loss from the defendant, it was equally as essential to the right to do so, that he should satisfactorily prove that these representations were fraudulently made. That they…
2Cases cited6 opinions
- Russell v. Clark's ExecutorsSupreme Court of the United States · 1812
- Bennett v. . JudsonNew York Court of Appeals · 1860
- Upton v. VailNew York Supreme Court · 1810
- Hubbard v. . BriggsNew York Court of Appeals · 1865
- Binnard v. SpringNew York Supreme Court · 1864
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3Cited by60 opinions
- Crislip v. CainWest Virginia Supreme Court · 1882
- Nash v. Minnesota Title Insurance & Trust Co.Massachusetts Supreme Judicial Court · 1895
- Rothschild v. . MackNew York Court of Appeals · 1889
- Hadcock v. . OsmerNew York Court of Appeals · 1897
- Hubbell v. . MeigsNew York Court of Appeals · 1872
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