Comstock v. Ames
New York Court of Appeals
Allen Comstock sued Abaz Hayes, in the supreme court, for damages for false and fraudulent representations in inducing plaintiff to purchase three tracts of land from him, to which he had no title. On the death of Hayes, pending the action, Samuel Ames and Elizabeth T. Hayes, his executor and executrix, were substituted as defendants.
Read the full summary
Allen Comstock sued Abaz Hayes, in the supreme court, for damages for false and fraudulent representations in inducing plaintiff to purchase three tracts of land from him, to which he had no title. On the death of Hayes, pending the action, Samuel Ames and Elizabeth T. Hayes, his executor and executrix, were substituted as defendants. On January 13, 1853, Ahaz Hayes entered into a contract with the plaintiff, by which, in consideration of one hundred and thirty-one dollars and seventy-six cents agreed to be paid to him, he contracted- to convey to the plaintiff, by quitclaim deed, lots No.…
1Opinion of the Court
By the Court.
Hunt, J.
[After stating the substance of the referee’s ‘report, as above.] — We are not at liberty to go behind the report of the referee and examine the testimony of the witnesses to ascertain the facts upon which our judgment is to he based. I may say, however, that Ihave looked over all the evidence in the case, and I do not find that the referee would have been justified in reporting otherwise than he has done in regard to the facts to which I have referred as not having been foundry *415him. There is no testimony that would have sustained the finding that the representations were…
2Cases cited1 opinion
- Grant v. . MorseNew York Court of Appeals · 1860
3Cited by4 opinions
- Fox v. HirschfeldAppellate Division of the Supreme Court of the State of New York · 1913
- Weber v. Wittmer Co.District Court, W.D. New York · 1935
- In re the Estate of LansingNew York Surrogate's Court · 1900
- Elias v. SahmNew York Marine Court · 1878