Crandall v. Bryan
New York Supreme Court
Motion to discharge defendant from arrest. This action was brought by Jesse Crandall against James Bryan. The complaint stated that the plaintiff and defendant agreed to exchange lands, the plaintiff contracting to give a farm in Union, Monroe county, for lauds in Barry county, Michigan, which defendant claimed to own;—that deeds were duly exchanged, the defendant representing that he had a good title to the Michigan lands, and that they were free from all encumbrances,…
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Motion to discharge defendant from arrest. This action was brought by Jesse Crandall against James Bryan. The complaint stated that the plaintiff and defendant agreed to exchange lands, the plaintiff contracting to give a farm in Union, Monroe county, for lauds in Barry county, Michigan, which defendant claimed to own;—that deeds were duly exchanged, the defendant representing that he had a good title to the Michigan lands, and that they were free from all encumbrances, although there was a squatter on them who had and claimed no title, and would give up possession at once on being paid a…
1Opinion of the CourtE. Darwin Smith, J.
If I am entitled to believe the complaint in this action, and the affidavits annexed thereto, on which the order of arrest was made, the defendant has obtained the title to the plaintiff’s farmland deprived him thereof without any consideration, by fraud and false pretences. Fraudulent representations, or deceit accompanied by damage, constitute a good ground of action in respect to a sale of lands, as much as in respect to personal property. Before the Code, an action on the case for the fraud or deceit would clearly have been sustainable upon the facts set up in the complaint and affidavits…
2Cases cited3 opinions
- Culver v. AveryNew York Supreme Court · 1831
- Wardell v. Fosdick & DavisNew York Supreme Court · 1816
- Machin v. GeortnerNew York Supreme Court · 1835
3Cited by8 opinions
- McGovern v. PaynNew York Supreme Court · 1859
- United States v. GreenDistrict Court, N.D. New York · 1905
- Cleveland v. BarrowsNew York Supreme Court · 1871
- Kaeppler v. Red River Valley National BankNorth Dakota Supreme Court · 1899
- People v. SnaithNew York Supreme Court · 1890
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