Desbecker v. . Cauffman
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 15, 1900, affirming a judgment in favor of plaintiffs entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, i-e stated in the opinion. The trial court erred in excluding evidence of the information possessed by Cauffinan concerning his partner’s ownership of real property.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 15, 1900, affirming a judgment in favor of plaintiffs entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, i-e stated in the opinion. The trial court erred in excluding evidence of the information possessed by Cauffinan concerning his partner’s ownership of real property. (Arthur v. Griswold, 55 N. Y. 400; Benj. on Sales, 361, 390, §§ 429, 461a; Bigelow on Frauds, 62; Marsh v. Falker, 40 N. Y. 562;…
1Opinion of the CourtO’Bbien, J.
This was an action to recover the value of certain merchandise sold by the plaintiffs to the defendants upon credit. It is alleged that the sale was made to the defendants and the credit given upon the faith of a certain statement in Writing as to the defendants’ solvency and' responsibility; that such statement was false and fraudulent and that the debt which the plaintiffs sought to enforce was fraudulently contracted. The defendants in their answer admitted that they were partners in business; that as such, partners they made and delivered to the plaintiffs the statement in writing as to…
2Cases cited2 opinions
- Wright v. . NostrandNew York Court of Appeals · 1883
- Nichols v. . WhiteNew York Court of Appeals · 1881
3Cited by2 opinions
- People ex rel. Keisler v. MoscowitzNew York Supreme Court · 1914
- Novakowski v. KlausnerAppellate Division of the Supreme Court of the State of New York · 1951