Powers v. . Clarke
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made March 14, 1889, which reversed a judgment in favor of plaintiff entered upon a verdict directed by the court and ordered a new trial. This action was upon a guaranty by the defendant to pay for certain goods sold by the plaintiff to a third party.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made March 14, 1889, which reversed a judgment in favor of plaintiff entered upon a verdict directed by the court and ordered a new trial. This action was upon a guaranty by the defendant to pay for certain goods sold by the plaintiff to a third party. The plaintiff is a paper manufacturer at Springfield, Massachusetts, having a sales office in the city of Hew York in charge of an agent. On May 14, 1886, he agreed to sell to the firm of Dikeman & Co. ten cases of paper at fifteen and one-half cents…
1Opinion of the CourtYank, J.
The learned judges of the General Term were of the opinion that the letter of guaranty was notice to the plaintiff of an understanding, on the part of the defendant, that all the purchases which Dhad been made by Dikeman & Co. would amount to but about $600, and as they exceeded that sum that he had acted upon an erroneous statement of the facts. They based their order of reversal upon the theory that the defendant had been deceived; that the plaintiff knew it, and hence had no right to rely upon a guaranty procured by misrepresentation. FTo such issue, however, was raised by the pleadings,…
2Cases cited5 opinions
- Belloni v. . FreebornNew York Court of Appeals · 1875
- Stillman v. . NorthrupNew York Court of Appeals · 1888
- Western New York Life Insurance v. ClintonNew York Court of Appeals · 1876
- People v. . LeeNew York Court of Appeals · 1887
- Crist v. BurlingameNew York Supreme Court · 1862
3Cited by21 opinions
- London & San Francisco Bank, Ltd. v. ParrottCalifornia Supreme Court · 1899
- T. M. Sinclair & Co. v. National Surety Co.Supreme Court of Iowa · 1906
- Sherman v. SmithSupreme Court of Iowa · 1918
- Federal Deposit Insurance v. SchwartzAppellate Division of the Supreme Court of the State of New York · 1980
- Saginaw Medicine Co. v. BateyMichigan Supreme Court · 1914
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