Craig v. Ward
New York Court of Appeals
The plaintiff "brought this action against the defendants to recover damages for alleged false and fraudulent representa-' tion by the defendants, as to a certain mortgage made to the defendant "Ward, by one Elisha P. Davis.
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The plaintiff "brought this action against the defendants to recover damages for alleged false and fraudulent representa-' tion by the defendants, as to a certain mortgage made to the defendant "Ward, by one Elisha P. Davis. The representation as alleged in the complaint is as follows : “ The defendants stated, represented and agreed to and with the plaintiff, that the said mortgage was a good and valid security in the hands of said defendant, "William H. Ward, for the said sum of two thousand dollars, .and that there was no usury therein or other defense thereto; and that said defendant,…
1Opinion of the CourtHunt, J.
The first class of exceptions, which embrace the alleged variance between the representations as pleaded, and as offered in evidence, I do not consider important. The, complaint alleged that the defendants represented the mortgage to be “ a good and valid security” in the hands of Ward, and that he had paid Davis $2,000 for the same. The proof offered and received was to the effect, “ that the mortgage was bona fide, was well secured, and straight as a string,” and that Davis had a clear title to the land. The representation that the mortgage was a “good and valid security,” was twofold in…
2Cases cited1 opinion
- Bennett v. . JudsonNew York Court of Appeals · 1860
3Cited by12 opinions
- Place v. . MinsterNew York Court of Appeals · 1875
- Wakeman v. . DalleyNew York Court of Appeals · 1872
- Cahnmann v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1902
- Richmond v. Freemans National BankAppellate Division of the Supreme Court of the State of New York · 1903
- Bernard v. BaldwinNew York Supreme Court · 1919
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