Taylor v. . Commercial Bank
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme' Court in the fourth judicial department, entered January 24,1902, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme' Court in the fourth judicial department, entered January 24,1902, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The fraudulent representations alleged to have been made by the defendant’s cashier were not the representations of the bank, nor can the bank be held liable by reason of such statements. (Kerr on Fraud & Mistake, 116 ; Story on Agency, §…
1Opinion of the CourtMartin, J.
The defendant is a domestic corporation organized under the laws of this state, and the purpose of this action was to recover damages alleged to have been sustained by the plaintiff on account of false and fraudulent representations by which he was induced to sell goods on credit to one Lighthouse, who was financially irresponsible.
Upon the trial, at the close of the evidence, a motion for a nonsuit was made by the defendant upon the grounds that the representations made were not the representations of the bank; that the bank received nothing from the transaction; and, consequently, it was…
2Cases cited19 opinions
- American Surety Company v. PaulySupreme Court of the United States · 1898
- Merchants' Bank v. State BankSupreme Court of the United States · 1871
- Brackett v. . GriswoldNew York Court of Appeals · 1889
- Laidlaw v. . SageNew York Court of Appeals · 1899
- Arthur v. . GriswoldNew York Court of Appeals · 1874
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3Cited by49 opinions
- International Products Co. v. Erie R.R. Co.New York Court of Appeals · 1927
- Corrigan v. . Bobbs-Merrill Co.New York Court of Appeals · 1920
- Bloomquist v. . FarsonNew York Court of Appeals · 1918
- Siegel v. Kentucky Fried Chicken of Long Island, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
- Cole v. MyersSupreme Court of Connecticut · 1941
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