Crans v. . Hunter
New York Court of Appeals
This action was brought in the Supreme Court to compel the defendants to deliver up to the plaintiffs for cancellation two negotiable promissory notes for $100 each, which the plaintiffs had executed and delivered to the defendants, and which had not become due ; and to recover back the money the plaintiffs had paid to the defendants in taking up two other promissory notes for $100 each, which had become due. „ The action was tried before a referee.
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This action was brought in the Supreme Court to compel the defendants to deliver up to the plaintiffs for cancellation two negotiable promissory notes for $100 each, which the plaintiffs had executed and delivered to the defendants, and which had not become due ; and to recover back the money the plaintiffs had paid to the defendants in taking up two other promissory notes for $100 each, which had become due. „ The action was tried before a referee. The following facts were indisputably established by the pleadings and evidence, to wit: The plaintiff Crans was indebted to the defendants for…
1Opinion of the CourtBalcom, J.
Crans could not have the benefits of the compromise and release without adopting all the representations that Hubbard made to the defendants in the negotiations for the same. The release was no better in his hands than if he had personally obtained it and made the same representations to the defendants to procure it that Hubbard] made to them. (Bennett v. Judson, 21 N. Y. Rep. 238; 23 Wend. 260; 1 Hill, 317.)
The referee found that Hubbard represented to the defend-' ants that the farm in Pennsylvania, of which Crans owned1 one half, “ was incumbered for more than it was worth,” and that such…
2Cases cited6 opinions
- Bennett v. . JudsonNew York Court of Appeals · 1860
- Sandford v. HandyNew York Supreme Court · 1840
- Stewart v. AhrenfeldtNew York Supreme Court · 1847
- Seaman v. SeamanNew York Supreme Court · 1834
- Goulding v. . DavidsonNew York Court of Appeals · 1863
1 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Atlantic Cotton Mills v. Indian Orchard MillsMassachusetts Supreme Judicial Court · 1888
- Wahl v. . BarnumNew York Court of Appeals · 1889
- Gardner v. WatsonCalifornia Supreme Court · 1915
- Sears v. Grand Lodge of Ancient Order of United WorkmenNew York Court of Appeals · 1900
- Mundorff v. WickershamSupreme Court of Pennsylvania · 1870
29 more not listed; retrieve them via the Exa API.