Johnson v. Titus
New York Supreme Court
Assumpsit, tried at the Oswego circuit in June, 1840, before Gbidley, C. Judge. The verdict was for the plaintiff, and the defendants now moved for a new trial upon, a case. The facts are sufficiently stated in the opinion of the court,
1Opinion of the Court
By the Court,
Cowen, J.
This was an action on two notes given for the price of mulberry trees. The amount of the notes was about $2000; and the defence was that the trees were valueless and constituted no consideration. Evidence was given tending to make out the fact, with other evidence which, as the defendants contended, estab*607lished a case of fraud. Whether it did so was put to the jury, and their finding is conclusive.
The trees were purchased with a view to plant them; and they were planted in slips or cuttings. The evidence tended to show that a good deal of the wood was dead, that the…
2Cases cited5 opinions
- Oakley v. BoormanNew York Supreme Court · 1839
- Herrick v. WhitneyNew York Supreme Court · 1818
- Welsh v. CarterNew York Supreme Court · 1828
- Bayard v. ShunkSupreme Court of Pennsylvania · 1841
- Barnum v. BarnumSupreme Court of Connecticut · 1831