Chester v. Dickerson
New York Supreme Court
THIS action was for fraud in the sale of lands bought by the plaintiffs in December, 1864. It was brought by the plaintiffs, who, in 1864, were partners in the petroleum business in Hew York, against Francis A. De Wint, John W. Jones, Edgar Reed and John S. Dickerson. Francis A. De Wint died during the pendency of the action. The cause was tried at the Dutchess circuit in December, 1866, before Justice J. F. Barnard and a jury.
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THIS action was for fraud in the sale of lands bought by the plaintiffs in December, 1864. It was brought by the plaintiffs, who, in 1864, were partners in the petroleum business in Hew York, against Francis A. De Wint, John W. Jones, Edgar Reed and John S. Dickerson. Francis A. De Wint died during the pendency of the action. The cause was tried at the Dutchess circuit in December, 1866, before Justice J. F. Barnard and a jury. When the plaintiffs rested, and again at the close of the defendants’ testimony, the counsel for the defendants moved to dismiss the complaint as against John S.…
1Opinion of the Court
'By the Court, J. F. Barnard, J.
This action was originally commenced against four parties. One, (De Wint,) died before the trial, and the issue was continued against the three present defendants, Dickerson, Jones, and Reed. The action was for a wrong, for damage occasioned by reason of the plaintiffs having been cheated and defrauded in the purchase of lands of the defendants. The fraudulent practice being charged to be the placing of petroleum oil by the defendants on the lands, thereby inducing the belief that the oil was the production of the lands. There are two leading principles to be…
2Cases cited3 opinions
- Smith v. TarltonNew York Court of Chancery · 1847
- Hawkins v. ApplebyThe Superior Court of New York City · 1849
- Sweet v. BradleyNew York Supreme Court · 1857
3Cited by5 opinions
- Dawson v. ParsonsNew York Supreme Court · 1894
- Sherman v. SmithNew York Supreme Court · 1871
- Brown v. Mayor of New YorkNew York Supreme Court · 1874
- Fairchild v. FairchildNew York Supreme Court · 1875
- Habeeb v. DaasNew York Supreme Court · 1920