Culver v. Avery
New York Supreme Court
This Was an action on the case, tried at the Cayuga circuit, In January, 1830, before the Hon. Daniel Moseley, one of the circuit judges.
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This Was an action on the case, tried at the Cayuga circuit, In January, 1830, before the Hon. Daniel Moseley, one of the circuit judges. The plaintiff in his declaration alleged that on the 19th September, 1826, the defendant and one William Satterlee, being commissioners of loans for the county of Cayuga, sold to the plaintiff Certain premises, by virtue of a mortgage which they held, as such commissioners, executed by one Samuel Seward; that the plaintiff bid in the premises for the sum of $80, paid the money, and received the deed of the commissioners; that at the time óf the sale the…
1Opinion of the Court
By the Court,
Sutherland, J.
The finding of the jury disposes of the question of fraud. They have pronounced the defendant guilty of the false and fraudulent representations . alleged in the declaration, and that they were made with the fraudulent intent to deceive and injure the plaintiff. A verdict must be most clearly and manifestly against evidence to justify the court, in an action like this, in setting it aside. This is not a case of that description ; whatever may be the opinion of the court upon the strict weight of evidence, as it appears on the case, the jury, whose province it was to…
2Cited by32 opinions
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- Westerman v. CorderSupreme Court of Kansas · 1912
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