Morris v. Wells
New York Supreme Court
Appeal from a judgment, entered in Onondaga county, in favor of the defendant on the report of a referee. The action was replevin. It was brought to recover certain articles of personal property sold by the plaintiffs to the firm of Scoville & Roe. The plaintiffs sought to rescind the contract and recover the property in question upon the ground that the sale thereof "was induced by fraud.
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Appeal from a judgment, entered in Onondaga county, in favor of the defendant on the report of a referee. The action was replevin. It was brought to recover certain articles of personal property sold by the plaintiffs to the firm of Scoville & Roe. The plaintiffs sought to rescind the contract and recover the property in question upon the ground that the sale thereof "was induced by fraud. The defendant was the assignee for the benefit of creditors of the firm of Scoville & Roe. On the trial the referee found that the plaintiffs were partners; that the defendant’s assignors were also partners…
1Opinion of the CourtMartin, J.
The only question relating to the finding of the referee, or to his refusal to find as requested by the plaintiffs, which we deem it necessary to examine, arises upon his finding “ that no false representations were made by Scoville & Roe to the plaintiffs upon which the plaintiffs, relied, to induce the sale of the goods in question,” and upon his refusal to find “ that plaintiffs’ agent relied on the said statement so made by Scoville that he was personally worth $6,000,' and sold the bill of goods referred to in the complaint upon the strength of such representation.”
The plaintiffs…
2Cases cited27 opinions
- Becker v. . KochNew York Court of Appeals · 1887
- McCreery v. . DayNew York Court of Appeals · 1890
- In Re the Estate of StewartNew York Court of Appeals · 1892
- Hubbell v. . MeigsNew York Court of Appeals · 1872
- Loos v. . WilkinsonNew York Court of Appeals · 1889
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