Smith v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Lyman J. Smith and another, from a judgment of the County Court of the county of Broome in favor of the plaintiff, entered in the office of the cleric of the county of .Broome on the 26th day of September, 1895, upon the verdict of a jury rendered by direction of the court after a trial at the Broome County Court upon an appeal from a judgment rendered by a justice of the peace.
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Appeal by the defendants, Lyman J. Smith and another, from a judgment of the County Court of the county of Broome in favor of the plaintiff, entered in the office of the cleric of the county of .Broome on the 26th day of September, 1895, upon the verdict of a jury rendered by direction of the court after a trial at the Broome County Court upon an appeal from a judgment rendered by a justice of the peace. This action was commenced on the 6th day of March, 1895, before a justice of the p>eace of the county of Broome. The complaint therein was as follows, viz.: “ Plaintiff complains of the…
1Opinion of the Court
Putuam, J.:
We think that the complaint states a cause of action for an alleged fraud. The plaintiff therein sets forth the representations made by the" defendants as to their responsibility;. that said representations' were fál'sé. and fraudulent to the knowledge of the defendants, and made wrongfully and willfully with intent to deceive the plaintiff ; that he, believing such false-representations made by the-defendants to be true, loaned them the sum of $150, relying upon-"the .repre-r sentations made by them as to their responsibility, and took the noté attached-¡to the complaint; that…
2Cases cited6 opinions
- Ross v. . MatherNew York Court of Appeals · 1872
- Salisbury v. . HoweNew York Court of Appeals · 1881
- Graves v. . WaiteNew York Court of Appeals · 1874
- Freeman v. . GrantNew York Court of Appeals · 1892
- Combs v. DunnNew York Supreme Court · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Robertson v. CampbellUtah Supreme Court · 1983
- Smith v. SmithAppellate Division of the Supreme Court of the State of New York · 1897
- Kress v. WoehrleAppellate Terms of the Supreme Court of New York · 1898
- Smith v. SmithAppellate Division of the Supreme Court of the State of New York · 1897
- Zeiser v. CohnNew York Supreme Court · 1904