Gough v. St. John
New York Supreme Court
This was an action on the case, tried at the Albany circuit in April, 1835, before the Hon. James Vanderpoel, one of the circuit judges. The suit was brought for a false representation as to the solvency of one Daniel Simmons, whose financial agent the defendant was in raising money and taking up his business paper.
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This was an action on the case, tried at the Albany circuit in April, 1835, before the Hon. James Vanderpoel, one of the circuit judges. The suit was brought for a false representation as to the solvency of one Daniel Simmons, whose financial agent the defendant was in raising money and taking up his business paper. On the 17th July, 1833, the plaintiffs held two checks, drawn by the defendant on a bank in Albany, amounting together to $650, which were endorsed by one Artcher and fell due that day. In the morning of that day, the defendant wrote a letter to the plaintiffs in these words : “…
1Opinion of the Court
The following opinions were delivered':
By Cowen, J.
A motion is made to set aside the verdict? and for a new trial, on the grounds of error in the charge,, and that the evidence of general character was- inadmissible, I feel clear that- the plaintiffs should succeed on botlrgrounds, I think that the proof of either & false affirmation, if the word' false implies a- scienter, as 1 understand it does, or of a concealment of facts by the defendant, if it be wilful and intentional, is enough; and coupling these with the purpose of obtaining the cheeks and the consequential- loss, the fraudulent…
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