MacUllar v. . McKinley
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made December 30, 1882, which affirmed a judgment in favor of defendant, entered upon an order nonsuiting the plaintiffs on trial. (Reported below, 17 J. & S. 5.) The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made December 30, 1882, which affirmed a judgment in favor of defendant, entered upon an order nonsuiting the plaintiffs on trial. (Reported below, 17 J. & S. 5.) The nature of the action and the material facts are stated in the opinion. When called upon for a statement in June, 1881, defendant’s refusal to make one was not a retraction or withdrawal of the one made in February, 1881. (Wright v. Brown, 67 N. Y. 1, 4-6.) Even if the defendant’s testimony is taken as a positive denial…
1Opinion of the CourtDanforth, J.
The question in this case arises upon an exception to the ruling of the trial judge that there was no evidence lo go to the jury. The action was for an alleged fraud and deceit, by representations stated to have been made by the defendant as to his business and pecuniary condition, and by which the plaintiffs were induced to sell him goods in August, September and October, 1881, upon credit. The plaintiffs were wholesale merchants in the city of Boston, and the defendant was a small tailor in the city of New York. He was solicited, at his place of business, to make the purchases in question…
2Cases cited4 opinions
- Morris v. . TalcottNew York Court of Appeals · 1884
- Eaton, Cole Burnham Co. v. . AveryNew York Court of Appeals · 1880
- People v. . BakerNew York Court of Appeals · 1884
- Ward v. CenterNew York Supreme Court · 1808
3Cited by20 opinions
- Davis v. Louisville Trust Co.Court of Appeals for the Sixth Circuit · 1910
- National Bank of Merrill v. Illinois & Wisconsin Lumber Co.Wisconsin Supreme Court · 1898
- Lilylands Canal & Reservoir Co. v. WoodSupreme Court of Colorado · 1913
- Curtis Bros. & Co. v. HoxieWisconsin Supreme Court · 1894
- In re BravermanDistrict Court, S.D. New York · 1912
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