Armstrong v. Tuffts
New York Supreme Court
This was an action on the case, tried before Edmonds, circuit judge, at the New-York circuit in December, 1846. The declaration contained three counts.
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This was an action on the case, tried before Edmonds, circuit judge, at the New-York circuit in December, 1846. The declaration contained three counts. The first count alledged that the defendants conspired together to obtain a boat-load of oats belonging to the plaintiffs, without paying for them, and, under pretence of a purchase, fraudulently, and with intent to cheat the plaintiffs, in pursuance of said conspiracy, applied to Alvali Wheaton, the agent of the plaintiffs, to purchase said oats in the name of David D. Van Alstyne & Co. and represented that they were good and solvent, and…
1Opinion of the Court
By the Court, Edwards, J.
It appears by the bill of exceptions, that the plaintiffs received the promissory notes of two of the defendants, after the discovery of the fraud alledged to have been committed by them. This, it is contended, was a waiver of the plaintiffs’ right to recover for the fraud. The answer to this is, that no such ground was taken at the trial, and no such question is raised by the bill of exceptions. Before the .plaintiffs rested their case, the notes given by the defendants were read in evidence by the plaintiffs’ counsel, who offered to cancel them, or to surrender them…
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