Legal Opinion

Kress v. Woehrle

Appellate Terms of the Supreme Court of New York

Decided May 15, 1898Published

Appeal by the plaintiff from a judgment of the Municipal Court, borough of Manhattan, • seventh district, rendered in his favor “ for moneys loaned. Ho fraud shown,” against the defendant, hy the acting justice thereof, without a jury. The nature of the action and the material facts are stated in the , . / opinion.

1Opinion of the CourtGiegerich, J.

The plaintiff sued for the recovery of moneys alleged to have been obtained from him by the defendant by fraudulent-representations. The justice decided that no .fraud was shown and gave judgment in favor of plaintiff for the amount *473claimed “for moneys loaned.” This was error. H the justice did not believe, as is obvious, that a fraud had been committed, it was his duty to dismiss the complaint, or, upon a conflict) of the evidence, to render a judgment in favor of the defendant, and not give judgment for the plaintiff for the sum obtained ex contractu.

The form of the plaintiff’s action being…

2Cases cited6 opinions

  1. Walter v. . BennettNew York Court of Appeals · 1857
  2. Fuld v. KahnNew York Court of Common Pleas · 1893
  3. Smith v. SmithAppellate Division of the Supreme Court of the State of New York · 1896
  4. Kley v. HealyNew York Court of Common Pleas · 1894
  5. Starr v. SilvermanAppellate Terms of the Supreme Court of New York · 1898

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