Frisbee v. Fitzsimons
New York Supreme Court
Appeal from a judgment in favor of the defendants, entered upon the verdict of a jury. One who, without knowledge of its truth or falsity, makes a material misrepresentation, is guilty of fraud, as much as if he knew it to be untrue.
Read the full summary
Appeal from a judgment in favor of the defendants, entered upon the verdict of a jury. One who, without knowledge of its truth or falsity, makes a material misrepresentation, is guilty of fraud, as much as if he knew it to be untrue. (Story on Con., 506; Bennett v. Judson, 21 N. Y., 238; Wakeman v. Daly, 44 Barb., 502; Galoupeau v. Ketchum, 3 E. D. Smith, 175; 1 Story Eq,, § 193, cited in 21 N. Y., supra; Sharp v. Mayor, 40 Barb., 266; Marsh v. Falker, 40 N. Y., 573.) It is not essential that the false representations were the sole inducement of the sale; if they contributed to it, the…
1Opinion of the Court
Daniels, J.:
This action, as it was tried, was for the recovery of damages occasioned to the plaintiffs by means of misrepresentations made by the defendants, concerning the solvency of Maxwell & Atwood. The court submitted it to the jury, on the theory that the plaintiffs’ right to recover depended upon the fact that the representations were made to deceive them, or else that' the defendants designedly concealed facts from them, which it was important for them to understand, in order to form an intelligent conclusion concerning the probable pecuniary ability of that firm. As the law is now…
2Cases cited2 opinions
- Hubbard v. . BriggsNew York Court of Appeals · 1865
- Viele v. Goss.New York Supreme Court · 1867