Satterlee v. Lynch
New York Supreme Court
The defendant was arrested on a capias ad respondendum at the suit of the plaintiff, in an action of trover, for §1600 damages. The circuit judge made an order that the plaintiff shew cause of action.
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The defendant was arrested on a capias ad respondendum at the suit of the plaintiff, in an action of trover, for §1600 damages. The circuit judge made an order that the plaintiff shew cause of action. The plaintiff appeared and made affidavit that he had a good cause of action against the defendant, as he was advised by his counsel and believed; and that he had been defrauded of a large sum of money by the defendant, but that he was unable to state fully the merits of the case in consequence of the absence of one Howard. The affidavit of Howard was afterwards produced, who swore that he was…
1Opinion of the Court
By the Court, Bronson, J.
Although nothing is stated in these papers with much precision, it may be inferred from them that the plaintiff, through his agent, Howard, purchased some kind of property from the defendant, and paid him $200 for it. And it is quite probable, though the fact is not alleged, that .the plaintiff is suing to get back the money, or whatever else he parted with as the consideration for the property obtained from the defendant. If my conjecture is right, the fact should have been plainly stated. And then, instead of charging fraud generally, the plaintiff should have told…
2Cases cited2 opinions
- Lewis v. BrackenridgeIndiana Supreme Court · 1821
- Clason v. GouldNew York Supreme Court · 1804