Moore v. McKinstry
New York Supreme Court
Appeal from a judgment in the plaintiffs favor, entered upon a verdict rendered at the Ontario Circuit, for $2,829.35. The plaintiff is the general assignee of the goods and effects of Edward JD. Seeley, in trust for the benefit of the creditors of the latter.
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Appeal from a judgment in the plaintiffs favor, entered upon a verdict rendered at the Ontario Circuit, for $2,829.35. The plaintiff is the general assignee of the goods and effects of Edward JD. Seeley, in trust for the benefit of the creditors of the latter. The assignment was executed and delivered on the 19th day of August, 1880. The action is for fraud and deceit on the part of the defendant, in malring false statements and representations as to the financial condition of Levi A. Snow and one Maggie Clark. Snow was at the time of the 'alleged false representations in negotiations with…
1Opinion of the Court
BARKER, J.:
Tbe legal propositions presented on tbis appeal arise on tbe facts set forth in a bill of exceptions. Tbe only question argued, and it is tbe only one we have considered, is, was tbe cause of action wbicb accrued in Seeley’s favor, by reason of tbe fraud and deceit practiced by tbe defendant, assignable under tbe laws of tbis State at the time tbe general assignment was delivered to tbe plaintiff. By tbe common law, causes of action classed as ex delieto did not survive tbe death of the person injured, nor that of the wrongdoer; neither, were they assignable. One of tbe reasons…
2Cases cited6 opinions
- Zabriskie v. . SmithNew York Court of Appeals · 1855
- Byxbie v. . WoodNew York Court of Appeals · 1862
- Cregin v. . Brooklyn Crosstown Railroad Co.New York Court of Appeals · 1878
- Haight v. . HaytNew York Court of Appeals · 1859
- Graves v. SpierNew York Supreme Court · 1870
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