Eckstein v. Frank
New York Court of Common Pleas
Appeal by the defendant from the judgment of a District Court. The defendant demurred to the complaint on the ground that it did not state facts sufficient to constitute a cause of action. The demurrer was overruled, and judgment rendered for the plaintiff on the trial.
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Appeal by the defendant from the judgment of a District Court. The defendant demurred to the complaint on the ground that it did not state facts sufficient to constitute a cause of action. The demurrer was overruled, and judgment rendered for the plaintiff on the trial. I. The represéntations of the defendant, set forth in the complaint, to wit, " that he was over the age of twenty-one years, and capable of contracting a legal liability,” were not proven on the trial, and the Justice erred in admitting in evidence and rendering judgment on any other representations. The representations, as…
1Opinion of the Court
By the Court.
Daly, F. J.
The doctrine of Johnson v. Pie (1 Lev., 169; 1 Keb., 905, 913,) though recognized in a comparatively recent English case (Price v. Hewitt, 8 Wels., Hurl. & Gor., 146,) and though believed to be the law by Justice Sandford in Brown v. McCune (5 Sandf., 224,) had been eight years before distinctly repudiated by the Supreme Court of this State, upon full consideration, in Wallace v. Morse, (5 Hill, 392,) and it has also been considered and repudiated in a great number of cases in other States (Fitz v. Hall, 9 New Hamp., 441; Badger v. Phinney, 15 Mass., 359; Homer v. *336Thwin…
2Cases cited5 opinions
- Badger v. PhinneyMassachusetts Supreme Judicial Court · 1819
- Kilgore v. JordanTexas Supreme Court · 1856
- Vasse v. SmithSupreme Court of the United States · 1810
- Brown v. McCuneThe Superior Court of New York City · 1851
- Rice v. ClarkSupreme Court of Vermont · 1836
3Cited by11 opinions
- Rice v. BoyerIndiana Supreme Court · 1886
- Studwell v. . ShapterNew York Court of Appeals · 1873
- Wheeler & Wilson Manufacturing Co. v. JacobsNew York Court of Common Pleas · 1893
- Bergman v. NeidhardtAppellate Terms of the Supreme Court of New York · 1902
- Schunemann v. ParadiseNew York Supreme Court · 1873
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