Binnard v. Spring
New York Supreme Court
MOTION by the plaintiff for a new trial, upon exceptions ordered to be heard at the general term in the first instance. The action was brought to recover damages for fraud in the sale of a canal boat by the defendant to the plaintiff’s - assignors. The defendant executed a bill of sale of the boat, dated April 28, 1863, containing covenants of warranty of title, and against incumbrances, and to pay and discharge all liens, &c. there might be upon the boat.
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MOTION by the plaintiff for a new trial, upon exceptions ordered to be heard at the general term in the first instance. The action was brought to recover damages for fraud in the sale of a canal boat by the defendant to the plaintiff’s - assignors. The defendant executed a bill of sale of the boat, dated April 28, 1863, containing covenants of warranty of title, and against incumbrances, and to pay and discharge all liens, &c. there might be upon the boat. The consideration was $1000. It is alleged in the complaint that the defendant, before executing the bill of sale “intending to cheat and…
1Opinion of the Court
By the Court,
Maevin, J.
(After stating the case.) The decisions of the court touching the amendment of the complaint were not proper subjects of exception. They rested in the sound discretion of the court, and are not reviewable *473on this motion for a new trial. We can only examine exceptions properly taken.
It does not appear from the case on what ground the non-suit was granted. It may have been upon the first, or upon the second ground ‘put forth in the motion, or upon both. In my opinion the first ground was sufficient. The plaintiff did not show any title to the cause of action. If any fraud…
2Cases cited3 opinions
- Bennett v. . JudsonNew York Court of Appeals · 1860
- Seixas v. WoodsNew York Supreme Court · 1804
- Holden v. DakinNew York Supreme Court · 1809
3Cited by7 opinions
- Hawkins v. . PembertonNew York Court of Appeals · 1872
- Marsh v. FalkerNew York Court of Appeals · 1869
- Watson v. JonesSupreme Court of Florida · 1899
- Brown v. AshboughNew York Supreme Court · 1870
- Clark v. RankinNew York Supreme Court · 1866
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