Eaton, Cole Burnham Co. v. . Avery
New York Court of Appeals
Appeal from j udgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. The decision of the General Term was made February 13, 1879. (Reported below, 18 Hun, 44.) The nature of the action and the facts are set forth sufficiently in the opinion. Plaintiff cannot recover where the facts and circumstances are such that they ought to have excited suspicion and led to inquiry.
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Appeal from j udgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. The decision of the General Term was made February 13, 1879. (Reported below, 18 Hun, 44.) The nature of the action and the facts are set forth sufficiently in the opinion. Plaintiff cannot recover where the facts and circumstances are such that they ought to have excited suspicion and led to inquiry. (Williams v. Brown, 15 N. Y. 351; Heulich v. Brennan, 11 Hun, 194.) Plaintiff could not maintain this action even if it had given…
1Opinion of the CourtRapallo, J.
This is an action for deceit, in obtaining the sale and delivery of goods to the firm of Avery & Riggins, by means of false representations made by the defendant as to the pecuniary condition of his firm. The representations charged were not made directly by the defendant to the plaintiff, but are alleged to have been made by him to a mercantile agency (Dun, Barlow & Co.), or its agent, and by it communicated to the plaintiff, who claims that it delivered the goods to Avery & Riggins on credit, on the faith of such representations. The counsel for the defendant contends that the plaintiff…
2Cases cited2 opinions
- Bruff v. . MaliNew York Court of Appeals · 1867
- Cazeaux v. MaliNew York Supreme Court · 1857
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