Adams v. . Sage
New York Court of Appeals
This is an appeal by the defendants from a judgment of the Supreme Court in the first district, at a general term, affirming a judgment entered at special term, on the report of Lucius Robinson, referee, in favor of the plaintiffs against all the defendants for $5156.81, damages and costs.
Read the full summary
This is an appeal by the defendants from a judgment of the Supreme Court in the first district, at a general term, affirming a judgment entered at special term, on the report of Lucius Robinson, referee, in favor of the plaintiffs against all the defendants for $5156.81, damages and costs. The bill was originally filed in the Court of Chancery before the chancellor, in September, 1844, and the case, so far as now material to be stated, is substantially as follows: In July, 1841, the plaintiffs, merchants in Lyons, Wayne county, authorized Hiram Gr. Hotchkiss to purchase for them in Hew York…
1Opinion of the CourtRosekrans, J.
The allegations in the complaint which were verified by the. plaintiffs, and the evidence introduced by them, show clearly that the plaintiffs had full information and knowledge of all the facts which constituted the fraud of which they complain, in regard to the sale of pork by Suydam, Sage & Go. to the plaintiffs, prior to the commencement of the action brought by the plaintiffs to recover the sums they had advanced on account of such fraudulent sales. It is distinctly averred that the plaintiffs received this information ’from their own agent, who negotiated the purchase for them, about…
2Cases cited1 opinion
- Parsons v. HughesNew York Court of Chancery · 1842
3Cited by13 opinions
- Newin Corp. v. Hartford Accident & Indemnity Co.New York Court of Appeals · 1975
- Colton v. StanfordCalifornia Supreme Court · 1890
- Baker v. . SpencerNew York Court of Appeals · 1872
- Barnes v. RyanNew York Supreme Court · 1892
- Ackerman v. AckermanSupreme Court of New Jersey · 1882
8 more not listed; retrieve them via the Exa API.