Hartshorn v. Newman
New York Supreme Court
Appeal from an order denying a motion to strike out the complaint. This action was brought by William L. Hartshorn against Charles Newman and C. Belden Hall.
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Appeal from an order denying a motion to strike out the complaint. This action was brought by William L. Hartshorn against Charles Newman and C. Belden Hall. The summons stated, that on failure to answer, &c., the plaintiff would take judgment for $400, with interest from Hay 26th, 1862. The complaint alleged that the defendants, conspiring to defraud the plaintiff, by sundry misrepresentations induced the plaintiff to discount a note of $287.40 ; that by reason of the matters set forth plaintiff had sustained damage in the sum of $400 for which amount judgment was asked. A motion-was made by…
1Opinion of the Court
By the Court.—Ingraham, P. J.
This action was against the .defendants for selling to the plaintiff a note, which they falsely represented to be a business note, &c., and claiming to recover from them, for the fraud and deceit, the value of the note so sold. On the hearing of the motion, I thought that as the plaintiff could only recover- the amount of the note and interest, he could take judgment for that amount, and no application to the court was necessary.
Hpon more reflection, however, I am satisfied that the note is to be considered only as inducement to the action, and the true cause of…
2Cases cited2 opinions
- Tuttle v. SmithNew York Supreme Court · 1857
- Ridder v. WhitlockNew York Supreme Court · 1856