Legal Opinion
Fox v. Trigger
Appellate Terms of the Supreme Court of New York
Decided December 8, 1910Published
Appeal from Municipal Court, Borough of Manhattan, Fifth District. Action by Benjamin Fox against Samuel Trigger and others. Judgment for plaintiff, and defendants appeal.
1Opinion of the CourtPlatzer, J.
This is an action to recover the sum of $153 received by the defendants from plaintiff, a pawnbroker, upon the pledge *79of a pair of diamond earrings, the property of a third person other than the pledgor, upon the alleged ground:
“That said earrings were pledged by the defendants and said loan obtained from plaintiff upon a false statement, willfully made, that said chattels were the property of one Mrs. Gibson.”
In order to recover, the plaintiff was bound to allege and prove (1) representation; (2) falsity; (3) scienter; (4) intent to deceive. The complaint omits to aver necessary and…
2Cases cited8 opinions
- Brackett v. . GriswoldNew York Court of Appeals · 1889
- Arthur v. . GriswoldNew York Court of Appeals · 1874
- Marsh v. FalkerNew York Court of Appeals · 1869
- Fairchild v. . McMahonNew York Court of Appeals · 1893
- Kranz v. LewisAppellate Division of the Supreme Court of the State of New York · 1906
3 more not listed; retrieve them via the Exa API.