Legal Opinion

Ankersmit v. . Tuch

New York Court of Appeals

Decided March 26, 1889PublishedCited by 22 opinions

Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 28, 1888, which affirmed a judgment in favor of defendant, entered on a verdict and an order denying a new trial. The nature of the action and the material facts are stated in the opinion. Evidence impeaching Moeller’s credibility was erroneously excluded. (Winchell v. Winchell, 100 N. Y. 159, 162, 164; Romertze v. E. R. Nat.

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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 28, 1888, which affirmed a judgment in favor of defendant, entered on a verdict and an order denying a new trial. The nature of the action and the material facts are stated in the opinion. Evidence impeaching Moeller’s credibility was erroneously excluded. (Winchell v. Winchell, 100 N. Y. 159, 162, 164; Romertze v. E. R. Nat. Bk., 49 id. 577; People v. Schuyler, 106 id. 308; Homer v. Everett, 91 id. 643, 644; Sitterly v. Gregg, 90 id. 687, 688; Sparrowhawk v.…

1Opinion of the CourtHaight, J.

This action was brought to recover the possession of eight bales of Sumatra tobacco purchased by the defendant’s assignor, as is alleged, by means of false and fraudulent representations as to his solvency, and with the intent not to ■ pay therefor. Upon the trial the plaintiffs gave evidence tending to show that, before making the sale of the goods in question, the defendant’s assignor represented and stated that he was solvent and worth $20,000; that his wife had $10,000, which was in the stock at the risk of the business. After the plaintiffs had rested, the defendant’s assignor was sworn…

2Cases cited1 opinion

  1. Winchell v. . WinchellNew York Court of Appeals · 1885

3Cited by22 opinions

  1. People v. HarrisNew York Court of Appeals · 1982
  2. People v. HarrisNew York Court of Appeals · 2002
  3. Oehlhof v. SolomonAppellate Division of the Supreme Court of the State of New York · 1902
  4. People v. WalkerAppellate Division of the Supreme Court of the State of New York · 1986
  5. People v. StrawderAppellate Division of the Supreme Court of the State of New York · 1984

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