Sharp v. Mayor of New York
New York Supreme Court
APPEAL from a judgment entered at a special term. The action was brought by J acob Sharp, to recover damagés for injuries sustained by Mm in consequence of certain misrepresentations made by the 'defendants.
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APPEAL from a judgment entered at a special term. The action was brought by J acob Sharp, to recover damagés for injuries sustained by Mm in consequence of certain misrepresentations made by the 'defendants. The cause was tried before Mr. Justice Hogeboom and a jury, at the New York circuit, in October, 1861. It appeared, from the evidence produced at the trial, that in the month of March, 1852, the plaintiff applied, by petition to the common council of the city of New York, for a lease of the slip at the foot of Wall street, with the right of establishing and taking-the tolls of a ferry…
1Opinion of the CourtBarnard, J.
It must now be regarded as settled that if a party makes representations in such manner as to import a knowledge in him of facts, whilst in fact he has no knowledge of the facts, and the representations are made with the intent that another shall rely on them, and that other does rely on them, and those representations turn out to be false, it is as much a fraud as if the party making them knew them to be untrue. (Bennett v. Judson, 21 N. Y. Rep. 238.)
Upon this principle (the character of the representations, the reliance of the plaintiff on them, the falsity of them, and whether the…
2Cases cited2 opinions
- Bennett v. . JudsonNew York Court of Appeals · 1860
- Sandford v. HandyNew York Supreme Court · 1840
3Cited by13 opinions
- Place v. . MinsterNew York Court of Appeals · 1875
- Sellar v. ClellandSupreme Court of Colorado · 1875
- Arnold v. National Bank of WaupacaWisconsin Supreme Court · 1905
- Prest v. Inhabitants of FarmingtonSupreme Judicial Court of Maine · 1918
- North Star Boot & Shoe Co. v. StebbinsSouth Dakota Supreme Court · 1893
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