Leslie v. . Wiley
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth department, affirming judgment in favor of plaintiff, entered upon verdict and affirming order denying motion for new trial.
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Appeal from judgment of the General Term of the Supreme Court in the fourth department, affirming judgment in favor of plaintiff, entered upon verdict and affirming order denying motion for new trial. The complaint in this' action alleges, in substance, that in March, 1865, the defendant induced plaintiff to pay him $1,000 to purchase an interest in a farm in the oil regions, in Pennsylvania, known as the Magee farm, on the false representation that the farm was held for sale at the price of $50,000; and that the defendant and others were about to purchase it at that price; and if the…
1Opinion of the Court
Church, Ch. J.
The circumstance that the plaintiff added a general count, for money had and received, in his complaint, has no significance in determining whether the first count is for fraud or on contract. The character of that count must be determined by its own merits. It must be admitted however, that the first count is somewhat equivocal in its character, but it is not material to pass upon that question. It may be regarded as an action for money had and received for the purposes of this appeal, and the allegations of fraud as pertinent only by way of showing the occasion of paying the…
2Cases cited2 opinions
- Byxbie v. . WoodNew York Court of Appeals · 1862
- Dexter v. AdamsNew York Supreme Court · 1846
3Cited by5 opinions
- Platt v. Iron Exchange BankWisconsin Supreme Court · 1892
- Burke v. HuffSupreme Court of Georgia · 1898
- Smith v. . BarnardNew York Court of Appeals · 1896
- Blakeley v. BlakeleyNew Jersey Court of Chancery · 1881
- Dort v. NickenNew York Supreme Court · 1889