Busch v. Busch
New York Court of Common Pleas
Appeal from a judgment of this court entered upon the report of a referee. The facts are stated in the opinion.
1Opinion of the Court
Charles P. Daly, Chief Justice.
The finding of the referee was fully warranted by the evidence-
The defendant denies that she ever made the representation alleged, or that she knew what the laws of the state of New York were upon the subject. The referee believed the statement of the plaintiffs, and there is nothing in the case to lead us to question the correctness of his conclusion.
It may be, a.s the defendant testified, that she did not know what the laws of the state of New York were, but this would make no difference. We cannot assume that the representation was innocently made, after…
2Cases cited4 opinions
- Boyd v. . De La MontagnieNew York Court of Appeals · 1878
- Rogers v. KingNew York Court of Chancery · 1840
- Christy v. LibbyNew York Court of Common Pleas · 1869
- White v. WagerNew York Court of Appeals · 1862
3Cited by2 opinions
- Berry v. American Central Insurance Co. of St. LouisNew York Court of Appeals · 1892
- Berry v. American Central InsuranceNew York Supreme Court · 1890