Case v. Hall
New York Supreme Court
This was an action of assumpsit, tried at the Tompkins circuit in September, 1839, before the Hon. Robert Monell, one of the circuit judges.
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This was an action of assumpsit, tried at the Tompkins circuit in September, 1839, before the Hon. Robert Monell, one of the circuit judges. The plaintiff read in evidence two promissory notes made to him by the defendants for the sum of $424,83. The defendants under a notice given with the plea of the general issue offered to prove that the notes were given for lumber purchased by them of the plaintiff, who had cut the same on land belonging to Edmund Wilkes ; that the plaintiff had a contract for the land, but had not paid for it, and had not any right to cut the timber ; that the…
1Opinion of the Court
By the Court,
Nelson, Ch. J.
There is no doubt if the vendor fraudulently represents the goods sold to be his own, when he knows them to belong to a stranger, an action on the case lies to recover damages therefor, though the real owner has not recovered the property, nor the vendee suffered any actual damage. 1 Show. 68. Cro. Eliz. 44. 1 Salk. 210, 211. 1 Ld. Raym. 593. Selw. N. P. 482, 483, and cases. 2 East, 448, n. Ross on Vendors, 334. And then upon the case of Becker v. Vrooman, 13 Johns. R. 302, the same matter might be admissible by way of defence for the purpose of reducing or…
2Cases cited2 opinions
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- Armstrong v. PercyNew York Supreme Court · 1830
3Cited by2 opinions
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