Wessels v. Carr
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Alfred Carr, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of ETew York on the 8th day of May, 1896, upon the decision of the court rendered after a trial at the ETew York Special Term overruling the defendant’s demurrer" to the plaintiff’s complaint.
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Appeal by the defendant, Alfred Carr, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of ETew York on the 8th day of May, 1896, upon the decision of the court rendered after a trial at the ETew York Special Term overruling the defendant’s demurrer" to the plaintiff’s complaint. The allegations of the complaint, summarized, are, that the plaintiff recovered a judgment against the defendant for $1,237.49, which he endeavored to collect; that the defendant willfully, intentionally and falsely represented to the…
1Opinion of the Court
O’Brien, J.:
Little need be added to the satisfactory opinion delivered by the learned judge below.* The essential constituents of an action for *362fraud are, representations of falsity, scienter, deception and injury. The complaint contains all these elements. The only question that can arise is whether the character of the representations, if proved, is of a sufficiently grave nature to entitle the plaintiff to relief. In other words, will a false and fraudulent representation, made with intent to induce a compromise, that one is poor and unable to pay his debts, when in fact he is able,…
2Cases cited9 opinions
- Gould v. . Cayuga County National BankNew York Court of Appeals · 1881
- Marie v. . GarrisonNew York Court of Appeals · 1880
- Arthur v. . GriswoldNew York Court of Appeals · 1874
- Krumm v. . BeachNew York Court of Appeals · 1884
- Clark v. . DillonNew York Court of Appeals · 1884
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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- King v. MottAppellate Division of the Supreme Court of the State of New York · 1899
- Rosenfeld v. RosenfeldCity of New York Municipal Court · 1937
- Amory v. NasonAppellate Division of the Supreme Court of the State of New York · 1908