Stitt v. . Little
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiffs entered upon a verdict. The nature of the action *and the material facts are stated in the opinion. The oral and written statements of the defendants were continuing representations to induce a series of acceptances on an open loan, and the renewals were given on the faith of their truth.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiffs entered upon a verdict. The nature of the action *and the material facts are stated in the opinion. The oral and written statements of the defendants were continuing representations to induce a series of acceptances on an open loan, and the renewals were given on the faith of their truth. (Zabriskie v. Smith, 13 N. Y., 322,332; Chester v. Dickenson, 52 Barb., 350, 360.) The court was right in refusing to charge that if the representations were made by…
1Opinion of the CourtRapallo, J.
This action was brought to recover of the defendants the sum of $10,000, which had been paid by the plaintiffs upon certain acceptances which they had given for the accommodation of the defendants.
' In order to avoid the operation upon this debt of a discharge in bankruptcy, which had been obtained by the defendant Dana, the plaintiffs sought to establish that the debt had been fraudulently contracted. (§ 33 of Bankrupt Act.)
The allegations of fraud in the complaint are very general; but on the trial the controversy was narrowed down to the inquiry whether the defendants had induced the…
2Cases cited1 opinion
- Meyer v. . AmidonNew York Court of Appeals · 1871
3Cited by12 opinions
- Delaney v. Great Bend Implement Co.Supreme Court of Kansas · 1908
- Jones v. FosterIllinois Supreme Court · 1898
- In re the Judicial Settlement of the Accounts of CushmanNew York Surrogate's Court · 1916
- Morris v. WellsNew York Supreme Court · 1889
- Mauger v. SlavinAppellate Division of the Supreme Court of the State of New York · 1896
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