McMichael v. . Kilmer
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Reported below, 12 Hun, 336.) This action was brought to recover an item of interest, alleged to have been omitted in a settlement between the parties, by means of fraud on the part of defendant. The court found, substantially, the following facts.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Reported below, 12 Hun, 336.) This action was brought to recover an item of interest, alleged to have been omitted in a settlement between the parties, by means of fraud on the part of defendant. The court found, substantially, the following facts. That on or about April 1, 1863,, plaintiff and defendant entered into the agreement, in writing, by'which defendant leased to plaintiff certain…
1Opinion of the Court
Hand, J. *
The basis of this recovery, as stated in the findings of the judge before whom the cause was tried, is the fraud of the defendant in the compromise between him and the plaintiff, in suppressing the fact that lie had received $30,828 on April 1, 1867, instead of the $30,000 with which he was charged-in the itemized bill presented to him by the plaintiff; and in maintaining silence as to that fact, with intent to procure a receipt in full from the plaintiff, well knowing that the plaintiff did not know such fact, when he presented his account.
The complaint is for fraud, and the court…
2Cases cited4 opinions
- Barnes v. . QuigleyNew York Court of Appeals · 1874
- Kemp v. . Knickerbocker Ice Co.New York Court of Appeals · 1877
- Shank v. . ShoemakerNew York Court of Appeals · 1859
- Livingston v. Peru Iron Co.New York Court of Chancery · 1831
3Cited by15 opinions
- Gould v. . Cayuga County National BankNew York Court of Appeals · 1881
- Och v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1895
- Home Insurance v. HowardIndiana Supreme Court · 1887
- Hancock v. BlackwellSupreme Court of Missouri · 1897
- Wolfinger v. ThomasSouth Dakota Supreme Court · 1908
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