Durst v. Burton
New York Supreme Court
Case and exceptions on a motion for a new trial. The action was tried at tlie Herkimer circuit, before Morgan, J., and a jury, and a. verdict was rendered for the plaintiff" for $1,400. Exceptions were taken and a case made on the part of the defendants, and were ordered to be heard, in the first instance, at the General Term. The material facts are stated in the opinion.
1Opinion of the Court
*139By the Court
— Foster, J.
The action was brought to recover damages for a fraud alleged to Lave been committed by the defendants, in the sale by them to the plaintiff of a large quantity of cheese.
Previous to and during the year 1866, the defendants were members of an association for the manufacture and sale of cheese, at Frankfort, in the county of Herkimer, and were joint owners as such, with their associates, of tho cheese factory, with all the machinery and utensils used in I he business, and were members of a committee for the management of the affairs of the association, and were also…
2Cases cited3 opinions
- Jeffrey v. BigelowNew York Supreme Court · 1835
- Griswold v. . HavenNew York Court of Appeals · 1862
- Greer v. EmersonTennessee Superior Court for Law and Equity · 1801