Legal Opinion

Smith v. Osborn

New York Supreme Court

Decided December 15, 1872Published

This case came up on a motion on tlie part of the plaintiff for j udgment on a special verdict. The facts are fully detailed in the opinion of the court.

1Opinion of the Court

Fancheb, J.—This'is

sto application for judgment upon a special verdict. The complaint alleged that the defendant had, by false and fraudulent representations, procured from the plaintiff his three promissory notes for $1,000 each.

The false representations consisted in certain statements made by the defendant as to the value of certain hotehstock, which he induced the plaintiff to accept as security for the notes, relying upon the supposed truth of the representations. Two of the notes were negotiated by the defendant, and the prayer of the complaint was that the defendant should be adjudged…

2Cases cited2 opinions

  1. Langley v. . WarnerNew York Court of Appeals · 1850
  2. Bucklin v. ChapinNew York Supreme Court · 1868

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