Willson v. Foree
New York Supreme Court
THIS cause came before the court, ón a writ of error, from the Duchess common pleas. ' Tr, , . . _ Willson brought an action on the case against Foree, 911 d declared in assumpsit, 1. For a horse, chair, and ilarness, sold and deliverd; 2. For money lent, money had and received, &c. 3. And an insimul computassent.
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THIS cause came before the court, ón a writ of error, from the Duchess common pleas. ' Tr, , . . _ Willson brought an action on the case against Foree, 911 d declared in assumpsit, 1. For a horse, chair, and ilarness, sold and deliverd; 2. For money lent, money had and received, &c. 3. And an insimul computassent. The defendant pleaded non assumpsit, with notice of evidence 1 Á 7 to be given, at the trial, of money had and received by . the plaintiff; and that the - plaintiff and the defendant agreed to exchange, and did exchange the horse and c^air for a single bill, signed by John Whaley,…
1Per curiam
The evidence offered ought to have been received. It went to prove fraud in the defendant, in the special contract which he set up as to the payment; and it is a well settled principle of law, that fraudulent representations will vitiate any contract. The basis of every contract is good faith. If the special contract be void, on the ground of fraud, the plaintiff may disregard it, and bring assumpsit for the goods sold. The taking of the note under a fraudulent misrepresentation, was no payment j and any term of credit which the taking of the note may have implied, became void. (1 Esp. Cases,…
2Cited by24 opinions
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- Baker v. RobbinsNew York Supreme Court · 1846
- Heilbronn v. . HerzogNew York Court of Appeals · 1900
- Bradford v. MarburySupreme Court of Alabama · 1847
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