Dung v. Parker
New York Court of Common Pleas
Appeal by the defendant from a judgment entered on a verdict of a jury at trial term. This action was brought to recover damages alleged to have accrued to the plaintiff by reason of the false representation of the defendant, that he had the power to give the plaintiff a lease of a certain drug store, and that he would do so.
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Appeal by the defendant from a judgment entered on a verdict of a jury at trial term. This action was brought to recover damages alleged to have accrued to the plaintiff by reason of the false representation of the defendant, that he had the power to give the plaintiff a lease of a certain drug store, and that he would do so. The complaint stated, in substance, that the “ College of Physicians and Surgeons, in the city of New York,” in March, 1864, had the right and intended to lease a drug store at the north-east corner of Twenty-third street and Fourth avenue, in the city of New York, being…
1Opinion of the Court
By the Court.
Brady, J.
The plaintiff by this action sought to recover from the defendant the damages which he had sustained in consequence of the unwarranted assumption of authority or agency by the latter, resulting in an absdlute promise on his part to give a lease to the plaintiff of the drug store, at the northeast corner of Twenty-third street and the Fourth avenue, for a 'period of not less than two years, and upon which promise the plaintiff relied and acted to his pecuniary injury. Upon the evidence relating to this charge, and which was conflicting in its character,- the jury have…
2Cases cited4 opinions
- Passinger v. . ThorburnNew York Court of Appeals · 1866
- White v. . MadisonNew York Court of Appeals · 1862
- Benton v. PrattNew York Supreme Court · 1829
- Rickard v. StantonNew York Supreme Court · 1836
3Cited by1 opinion
- Marie v. GarrisonThe Superior Court of New York City · 1883