Egert v. Wicker
New York Supreme Court
This is an application to amend the complaint after all the testimony had been taken, the cause brought to a final hearing, elaborately argued upon both sides upon the merits, and a decisión made in the case against the plaintiff.
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This is an application to amend the complaint after all the testimony had been taken, the cause brought to a final hearing, elaborately argued upon both sides upon the merits, and a decisión made in the case against the plaintiff. The affidavits and papers show that the suit was commenced in the month of February, 1852. That, at the same time, the defendant Wicker was under arrest upon a charge, preferred against him by the plaintiff in this suit and his partner Thurber, of putting his property out of his hands for the purpose of defrauding his creditors ; that an examination was had for…
1Opinion of the Court
Bacon, Justice.
The case made by the complaint was substantially this: that the defendant Wicker conveyed the property, which is the subject of the controversy here, to his co-defendant Boyer, and gave him a good title; that the plaintiffs purchased of Boyer, and advanced the purchase money to him, relying wholly upon his representation that the property was entirely free from incumbrance ; that, in point of fact, Boyer’s representation was false, and that he had previously executed a mortgage to Wicker on the premises, for a large amount, which was without consideration, and which was to be…
2Cited by3 opinions
- Maxwell v. DayIndiana Supreme Court · 1874
- Ferris v. HardSuperior Court of Buffalo · 1893
- Wooster v. BatemanThe Superior Court of New York City · 1893