Legal Opinion

Van Buren v. Fort

New York Supreme Court

Decided May 15, 1830PublishedCited by 8 opinions

Motion to discontinue without costs. The defendants moved for judgment as in case of nonsuit. The plaintiffs asked to discontinue without costs. The defendants obtained merchandize of the plaintiffs on a letter of recommendation, and failing to pay, were sued. They interposed a plea of infancy. On inquiry, the plaintiffs found that the plea could be supported by proof, and therefore omitted to proceed to trial.

1Opinion of the Court

By the Court,

Savage, Ch. J.

The defendants having been guilty of fraud, the motion for judgment as in case of nonsuit is denied, and leave is given to the plaintiffs to discontinue without costs.

2Cited by8 opinions

  1. Agar v. TibbettsNew York Supreme Court · 1890
  2. Beardsley v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1900
  3. Clossey v. AyersNew York Supreme Court · 1892
  4. Layman v. New York Bank Note Co.The Superior Court of the City of New York and Buffalo · 1892
  5. Beardsley v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1900

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