Krumm v. . Beach
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made October 28, 1881, which affirmed a judgment in favor of plaintiff, entered upon a verdict. The nature of the action and the material facts are stated in the opinion.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made October 28, 1881, which affirmed a judgment in favor of plaintiff, entered upon a verdict. The nature of the action and the material facts are stated in the opinion. This being an action of fraud where special damages are not alleged, what, if any thing, the plaintiff had, by reason of the fraud, actually lost in the transaction must be the limit of the damages to be recovered. {Schneider v. Heath, 3 Camp. 505; Hoglehite v. Walters, id. 153; Pickering v. Dawson, 4…
1Opinion of the CourtFinch, J.
This action was brought to recover damages for a fraud committed in the sale of lands. The defendants were husband and wife; the former making the fraudulent representations, and the latter having the title to the land conveyed and receiving the bulk of the purchase-price. The property sold is described in the case as “ the Allegany county land,’’ and the fraud 'consisted in a misrepresentation of its situation and boundaries, and especially in a direct assertion that a specific twenty acres pointed out was included in the property, and, also, forty acres not examined but described, which the…
2Cases cited6 opinions
- Bennett v. . JudsonNew York Court of Appeals · 1860
- Culver v. AveryNew York Supreme Court · 1831
- Dimmick v. LockwoodNew York Supreme Court · 1833
- Wardell v. Fosdick & DavisNew York Supreme Court · 1816
- Graves v. SpierNew York Supreme Court · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by80 opinions
- Reno v. . BullNew York Court of Appeals · 1919
- Harriss v. TamsNew York Court of Appeals · 1932
- Vail v. . ReynoldsNew York Court of Appeals · 1890
- Ochs v. . WoodsNew York Court of Appeals · 1917
- Cayuga Harvester, Inc. v. Allis-Chalmers Corp.Appellate Division of the Supreme Court of the State of New York · 1983
75 more not listed; retrieve them via the Exa API.