Mills v. Brill
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Philo L. Mills and others, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Hew York on the 9tli day of June, 1903, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 11th day of June, 1903, denying the plaintiffs’ motion for a new trial made upon the minutes.
1Opinion of the Court
McLaughlin, J.:
This action was brought to recover possession of personal property, or, in lieu thereof, damages. The complaint alleged, in substance, that in March, 1898, the defendant Brill, by means of false and fraudulent representations to the effect that he was doing a good business, discounting his bills, and worth about $50,000 over and above his liabilities, induced the plaintiffs to sell and deliver to him 125 dozen pairs of kid gloves; that the representations were false and known by Brill to be so; that the same were made for the purpose of obtaining credit; that the plaintiffs,…
2Cases cited6 opinions
- Tindle v. . BirkettNew York Court of Appeals · 1902
- AnonymousNew York Court of Appeals · 1876
- Coleman v. WolcottSupreme Court of Connecticut · 1814
- Ettlinger v. WeilAppellate Division of the Supreme Court of the State of New York · 1904
- Nathan v. UhlmannAppellate Division of the Supreme Court of the State of New York · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In re A. B. Carton & Co.District Court, S.D. New York · 1906
- Greene v. Mercantile Trust Co.New York Supreme Court · 1908