Lee v. Taylor
New York Supreme Court
Appeal from special term, New York county. Action by Stephen Lee and William Whiting, as surviving partners of Lee & Sturgis, against Hugh F. Kendall, Charles B. Kendall, and John L. Taylor, for the purchase price of several bills of goods sold defendants Kendall.
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Appeal from special term, New York county. Action by Stephen Lee and William Whiting, as surviving partners of Lee & Sturgis, against Hugh F. Kendall, Charles B. Kendall, and John L. Taylor, for the purchase price of several bills of goods sold defendants Kendall. Plaintiffs alleged that the Kendalls were insolvent when each of the sales was made; that they obtained the goods on false and fraudulent representations as to solvency, and in reliance on a fictitious credit resulting from a conspiracy between them and defendant Taylor, one of their creditors. This conspiracy, it vras alleged, had…
1Opinion of the CourtBarrett, J.
The question here is whether the plaintiffs’ right of action was single and entire, or whether they had a separate and distinct cause of action for each bill of goods sold. The action is what would formerly have been called an “action on the case in the nature of conspiracy, ” and it is well settled that the damage to the plaintiffs, and not the conspiracy, is the gist of such an action. Tappan v. Powers, 2 Hall, 277; Jones v. Baker, 7 Cow. 445; Hutchins v. Hutchins, 7 Hill, 104; Lubricating Co. v. Everest, 30 Hun, 588; Verplanck v. Van Buren, 76 N. Y. 259. “An allegation of conspiracy,” as…
2Cases cited7 opinions
- Secor v. . SturgisNew York Court of Appeals · 1858
- Verplanck v. . Van BurenNew York Court of Appeals · 1879
- Farrington v. PayneNew York Supreme Court · 1818
- Miller v. CovertNew York Supreme Court · 1828
- Zimmerman v. . ErhardNew York Court of Appeals · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Reid, Murdoch & Co. v. FerrisMichigan Supreme Court · 1897
- County of Saginaw v. KentMichigan Supreme Court · 1920
- Kolel America Vatiferes Jerusalem v. EliachNew York Supreme Court · 1899
- Kujek v. GoldmanNew York Court of Common Pleas · 1894
- Rosenzweig v. WeckslerAppellate Division of the Supreme Court of the State of New York · 1932
3 more not listed; retrieve them via the Exa API.