Ward v. Woodburn
New York Supreme Court
APPEAL from an order made at a special term, refusing a new trial, and from a judgment in favor of the plaintiffs; rendered on the last count of the complaint. The action was brought to. recover the possession of personal property} with damages for detention thereof. The plaintiffs recovered only on the third count. In that count they alleged that on the 18th of August, 1853, the defendants procured goods from the plaintiffs by fraudulent representations.
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APPEAL from an order made at a special term, refusing a new trial, and from a judgment in favor of the plaintiffs; rendered on the last count of the complaint. The action was brought to. recover the possession of personal property} with damages for detention thereof. The plaintiffs recovered only on the third count. In that count they alleged that on the 18th of August, 1853, the defendants procured goods from the plaintiffs by fraudulent representations. The defendants answered separately, traversing the whole complaint, and claiming property in the goods, and denying possession of the goods…
1Opinion of the Court
By the Court, Ingraham, J.
This action is for the recovery of personal property. The goods were bought by the defendant's, who were partners in business, on the 18th August, 1853. The purchase was made by their agent, who represented, at the time of the purchase, that the defendants’ house was worth $40,000 over and above their liabilities, and on this statement credit was given. The agent, Mr. Howe, on his examination stated that he made the purchase; that he had not been authorized to make statements respecting the affairs of the firm; that he made the representations on common report, and…
2Cases cited1 opinion
- Brockway v. BurnapNew York Supreme Court · 1853
3Cited by4 opinions
- Helman v. WithersIndiana Court of Appeals · 1892
- Smith v. FrankThe Superior Court of New York City · 1864
- Bailey v. ParkNew York Supreme Court · 1875
- Kummer v. Christopher & East Tenth Street RailroadNew York Court of Common Pleas · 1893