Pryor v. . Foster
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, entered upon an order made July 12, 1889, which affirmed a judgment in favor of plaintiff entered upon a decision of the Municipal Oourt of the city of Buffalo. The nature of the action and the facts, so far as material, are stated in the opinion. The proofs were wholly wanting in the elements from which fraud is to be inferred.
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Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, entered upon an order made July 12, 1889, which affirmed a judgment in favor of plaintiff entered upon a decision of the Municipal Oourt of the city of Buffalo. The nature of the action and the facts, so far as material, are stated in the opinion. The proofs were wholly wanting in the elements from which fraud is to be inferred. (Grove v. Wakeman, 11 Wend. 188; Schultz v. Hoagland, 85 N. Y. 467; Baird v. Mayor, etc., 96 id. 593; Phillips on Ev. 599; Macullar v. Rindskopf, 116 N. Y. 436; Hammatt v. Emerson,…
1Opinion of the CourtHaight, J.
On the 27th day of January, 1887, the defendant leased to the plaintiff a house on the corner of Allen and Wadsworth streets in the city of Buffalo for the term of fifteen months and five days.
This action was brought to recover damages for alleged false representations made by the defendant to the plaintiff to the effect that the furnace in the house was a good one; that it heated the house nicely and comfortably with from eight to ten tons of coal per year; that in a moderate winter it would heat the house thoroughly with eight tons and in a cold winter with (ten tons.
•Fraud must be proved…
2Cases cited8 opinions
- People v. . StephensNew York Court of Appeals · 1878
- Krumm v. . BeachNew York Court of Appeals · 1884
- Whitney v. AllaireNew York Supreme Court · 1847
- Whitney v. . AllaireNew York Court of Appeals · 1848
- Strong v. . StrongNew York Court of Appeals · 1886
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3Cited by59 opinions
- Clearview Concrete Products Corp. v. S. Charles Gherardi, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
- Fowler v. BentonCourt of Appeals of Maryland · 1962
- Board of Water Commissioners v. RobbinsSupreme Court of Connecticut · 1910
- Kingman & Co. v. StoddardCourt of Appeals for the Seventh Circuit · 1898
- Bean v. BickleySupreme Court of Iowa · 1919
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