Marshall v. Gray
New York Supreme Court
APPEAL from a judgment of the county court of Montgomery county, affirming a judgment rendered by a justice of the peace. The complaint in. the justice’s court was for fraud alleged to have been committed by the defendant on the sale of a mare.
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APPEAL from a judgment of the county court of Montgomery county, affirming a judgment rendered by a justice of the peace. The complaint in. the justice’s court was for fraud alleged to have been committed by the defendant on the sale of a mare. It averred that the defendant did wrongfully, falsely and fraudulently, and with intent to deceive the plaintiff, represent said mare to be ten or twelve years old, which representation induced the plaintiff to purchase said mare; when in truth and in fact said mare was, at the time, more than twenty-five years old; which fact the defendant well knew.…
1Opinion of the Court
By the Oourt, Bocees, J.
The action was unmistakably in fraud. The complaint charged, as the gist of the action, false and fraudulent representations, made with intent to deceive; and averred guilty knowledge on the part of the *415defendant. There was no evidence whatever, of such guilty knowledge; and the question here is, simply, whether this was necessary to be proved, in order to establish a cause of action in fraud.
It seems to me the question is not ah open one. The rule has been settled, almost from time immemorial, that when a person, on a sale or exchange, warrants property in any…
2Cases cited4 opinions
- Bennett v. . JudsonNew York Court of Appeals · 1860
- Wlllink v. VanderveerNew York Supreme Court · 1847
- Craig v. WardNew York Supreme Court · 1862
- Moore v. NobleNew York Supreme Court · 1867
3Cited by2 opinions
- Ross v. . MatherNew York Court of Appeals · 1872
- Union National Bank v. PfistchCity of New York Municipal Court · 1924