Smith v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal from Broome county court. Action by Nathan 0. Smith against Lyman J. Smith and another. From a judgment for plaintiff, and an order denying a nonsuit and portions of an order for a readjustment of costs, defendants appeal, and plaintiff appeals from other portions of the order for readjustment. Modified. Argued before PARKER, P. J., and LANDON, HERRICK, PUTNAM, and MERWIN, JJ.
1Opinion of the CourtMerwin, J.
On or about the 12th April, 1894, the plaintiff loaned to the defendant Smith the sum of $150 upon a note made by both defendants, dated that day, and payable six months from date, with interest. The plaintiff in this action claims that the loan was induced by false and fraudulent representations by the defendants as to their solvency. The action is in fraud, and the recovery is on that basis.
*988The main question at the trial was as to the fraud, and the evidence was, we think, sufficient to sustain the verdict. The defendants, however, claim that prejudicial errors occurred during the trial in…
2Cases cited6 opinions
- Mott v. Consumers Ice Co.New York Court of Common Pleas · 1879
- Franey v. . SmithNew York Court of Appeals · 1891
- Smith v. SmithAppellate Division of the Supreme Court of the State of New York · 1896
- Howell v. Van SiclenNew York Court of Appeals · 1877
- Herbst v. Vacuum Oil Co.New York Supreme Court · 1893
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