Smith v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Lyman J. Smith and another, from a judgment of the County Court of Broome county in favor of the plaintiff, entered in the office of the clerk of the county of Broome on the 27th day of October, 1896, upon the verdict of a jury, and' also from an order entered in said clerk’s office on the 15th day of May, 1897, denying the defendants’ motion for a new trial made upon a case containing exceptions.
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Appeal by the defendants, Lyman J. Smith and another, from a judgment of the County Court of Broome county in favor of the plaintiff, entered in the office of the clerk of the county of Broome on the 27th day of October, 1896, upon the verdict of a jury, and' also from an order entered in said clerk’s office on the 15th day of May, 1897, denying the defendants’ motion for a new trial made upon a case containing exceptions. Also, an appeal by the defendants from certain portions of an order of the Broome County Court, entered in the office of the clerk of the county of Broome on the 8tli day…
1Opinion of the Court
Merwin, J.:
On or about the 12th of April, 1894, the plaintiff loaned to the defendant Smith the sum of $150 upon anote made by both defend*320ants, dated that day and payable six months from date with interest. The plaintiff in this action claims that the loan was induced by false and fraudulent representations by the defendants as to their solvency. The action is in fraud and the recovery is on that basis.
The main question at the trial was as to the fraud, and the evidence was, we think, sufficient to sustain the verdict.
The defendants, however, claim that prejudical errors occurred during the…
2Cases cited3 opinions
- Mott v. Consumers Ice Co.New York Court of Common Pleas · 1879
- Smith v. SmithAppellate Division of the Supreme Court of the State of New York · 1896
- Howell v. Van SiclenNew York Court of Appeals · 1877
3Cited by2 opinions
- Adams v. MasseyNew York Supreme Court · 1906
- Young v. IngalsbeNew York Supreme Court · 1913