Kress v. Woehrle
Appellate Terms of the Supreme Court of New York
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
- Walter v. . BennettNew York Court of Appeals · 1857
- Fuld v. KahnNew York Court of Common Pleas · 1893
- Smith v. SmithAppellate Division of the Supreme Court of the State of New York · 1896
- Kley v. HealyNew York Court of Common Pleas · 1894
- Starr v. SilvermanAppellate Terms of the Supreme Court of New York · 1898
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