Hunter v. Batterson
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment and order of the General Term of the City Court of the city of New York, reversing a judgment of the Trial Term of the said City Court, entered upon a verdict directed for the plaintiffs, and ordering a new trial.
1Opinion of the CourtFreedman, P. J.
In excluding the defendant’s proposed evidence as to the fraud by means of which he was induced to make and deliver to E. P. Schmidt the check sued upon, the trial judge clearly erred. The defendant’s answer,, after denying in some form or other all of the material allegations of the complaint except the making of the check, alleged as a distinct defense that the said check had been obtained from him by the said E. P. Schmidt by means of false and fraudulent representations. At the trial no point was made that said defense was insufficiently pleaded because the facts, constituting the alleged…
2Cases cited2 opinions
- Nickerson v. . RugerNew York Court of Appeals · 1879
- Hanks v. GerbrachtNew York Supreme Court · 1894