Legal Opinion

Phelps v. McQuade

Appellate Division of the Supreme Court of the State of New York

Decided October 31, 1913PublishedCited by 12 opinions

Appeal by the defendant, Dennis Charles McQuade, from a judgment of the Supreme Court in favor of the plaintiffj entered in the office of the clerk of the county of New York on or about the 9th day of January, 1918, upon the decision of the court after a trial before the court at the New York Trial Term, a jury having been waived.

1Opinion of the Court

Clarke, J.:

The plaintiffs were jewelers. On February 15, 1911, one Walter 0. Gwynne falsely represented himself to the plaintiffs to be Baldwin J. Gwynne, a resident of the Lincoln Hotel in Columbus, 0., with a satisfactory rating in the reports of the Dun and Bradstreet Mercantile Agencies, and, later on the same day, the manager of Jules S. Bache & Co., bankers, identified the said Walter 0. Gwynne to plaintiffs’ manager as being Baldwin J. Gwynne of Columbus, 0. That was brought about in this way. Gwynne had become acquainted with one of Bache’s customers in an uptown hotel and had told…

2Cases cited8 opinions

  1. People v. . DumarNew York Court of Appeals · 1887
  2. People v. . MillerNew York Court of Appeals · 1902
  3. American Sugar Refining Co. v. FancherNew York Court of Appeals · 1895
  4. Fassett v. . SmithNew York Court of Appeals · 1861
  5. Edmunds v. Merchants' Despatch Transportation Co.Massachusetts Supreme Judicial Court · 1883

3 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Krisel v. DuranDistrict Court, S.D. New York · 1966
  2. Gustafson v. Equitable Loan Assn.Supreme Court of Minnesota · 1932
  3. Schoeps v. Museum of Modern ArtDistrict Court, S.D. New York · 2009
  4. Amols v. BernsteinAppellate Division of the Supreme Court of the State of New York · 1925
  5. Thompson v. GoldstoneAppellate Division of the Supreme Court of the State of New York · 1916

7 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API