Sharp v. Mayor of New York
New York Supreme Court
Appeal by defendants from a judgment in favor of the plaintiff, rendered at special term. It appears that the plaintiff obtained from the defendants a lease of a slip ; and it recites the resolution of the common council, on the 16th June, 1852, directing the leasing to plaintiff of the slip at the foot of Wall street, or so much thereof as belongs to the city.
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Appeal by defendants from a judgment in favor of the plaintiff, rendered at special term. It appears that the plaintiff obtained from the defendants a lease of a slip ; and it recites the resolution of the common council, on the 16th June, 1852, directing the leasing to plaintiff of the slip at the foot of Wall street, or so much thereof as belongs to the city. The lease, which, is dated the first day of July, conforms to the resolution, and uses in the leasing clause the very words of the resolution—the same qualifying words are used again in the habendum clause. It is further provided by…
1Opinion of the Court
By the court, Barnard, Justice.
It must now he regarded as settled, that if a party makes representations in such manner as to. import a knowledge in him of facts, whilst in fact he has no knowledge of the facts, and the representations are made with the intent that another shall rely on them, and that other does rely on them, and those representations turn out to be false, it is as much a fraud as if the party making them knew them to be untrue. (Bennett agt. Judson, 21 N. Y., p. 238.)
Upon this principle, (the character of the representations, the reliance of the plaintiff on them, the…
2Cited by2 opinions
- Dunning v. CressonOregon Supreme Court · 1877
- Johnson v. HathornNew York Court of Appeals · 1866