Carr v. Sanger
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William H. Sanger, from a judgment óf the Supreme Court in part in favor of the plaintiffs, entered in the office of the cleric of the county of Kings on the 26th day-of February, 1909, upon the verdict of a jury, also from an order entered in said' clerk’s office on the same day denying a motion for a- new trial made upon the minutes, and also from an order entered in said clerk’s office on the 17th day of November, 1909, denying the appellant’s…
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Appeal by the defendant, William H. Sanger, from a judgment óf the Supreme Court in part in favor of the plaintiffs, entered in the office of the cleric of the county of Kings on the 26th day-of February, 1909, upon the verdict of a jury, also from an order entered in said' clerk’s office on the same day denying a motion for a- new trial made upon the minutes, and also from an order entered in said clerk’s office on the 17th day of November, 1909, denying the appellant’s motion for a new trial on the ground of newly-discovered evidence.
1Opinion of the Court
Carr, J.:
The defendant Sanger appeals from a judgment entered on the verdict of a jury against him and his fellow-defendant for the sum of $346.75. The action was for deceit alleged to have been practiced on the plaintiffs by the defendants in a contract for the exchange of real property. The alleged deceit consisted of representations by' the defendants that they had a good and marketable title to the land which they sought to exchange for the plaintiffs’ land, and a fraudulent suppression by them of the knowledge that they were not the owners of said land.
The appellant moved to dismiss the…
2Cases cited2 opinions
- Clark v. . BairdNew York Court of Appeals · 1853
- Thomas v. . BeebeNew York Court of Appeals · 1862
3Cited by5 opinions
- Adams v. BarberMissouri Court of Appeals · 1911
- Morrow v. FranklinSupreme Court of Missouri · 1921
- Oldham v. McRobertsNew York Supreme Court · 1962
- Paris v. SmithCourt of Appeals for the Second Circuit · 1920
- Acunto v. WigginsAppellate Division of the Supreme Court of the State of New York · 1931