Humphrey v. Smith
Appellate Division of the Supreme Court of the State of New York
. Motion by the plaintiffs, Ira B. Humphrey and others, for a new trial on a case containing exceptions, ordered to he heard at the General Term in the first instance upon the verdict of a jury in favor of the defendant rendered by direction of the court after a trial at the Ontario Circuit on the 29th of October, 1895.
1Opinion of the Court
Follett, J.:
This action, replevin, was begun in March, 1895, to recover goods purchased by the defendant’s assignor by alleged fraudulent repre*443sentations. The plaintiffs are partners under the firm name of" Humphrey Brothers & Tracy, engaged in the business of manufacturing and wholesaling boots, shoes and rubbers at Towanda, Pa.. For several years before March 11,1895, Edward Lines was a retail. dealer of boots, shoes and rubbers at Canandaigua, FT. Y.
It is alleged in the complaint that about October 30, 1894, said Lines represented to R. Gr. Dun & Co., a mercantile agency, through. Arthur…
2Cases cited5 opinions
- Eaton, Cole Burnham Co. v. . AveryNew York Court of Appeals · 1880
- Claflin v. FlackNew York Court of Common Pleas · 1891
- Kelly v. GouldNew York Supreme Court · 1892
- Bliss v. SicklesNew York Supreme Court · 1892
- Cantor v. ClaflinNew York Supreme Court · 1890
3Cited by3 opinions
- In re WeilDistrict Court, S.D. New York · 1901
- Belleville Pump & Skein Works v. SamuelsonUtah Supreme Court · 1898
- Bradley v. Seaboard National BankAppellate Division of the Supreme Court of the State of New York · 1900