Clark v. Rankin
New York Supreme Court
MOTION by the plaintiffs for a new trial, on exceptions first heard at the general term. The action was to recover damages for an alleged fraud practiced by the defendant upon the plaintiffs in the sale of certain leases or leasehold estate. The alleged fraud consisted in representations made by the defendant touching the rents reserved by the leases, and • thereafter to become due and payable.
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MOTION by the plaintiffs for a new trial, on exceptions first heard at the general term. The action was to recover damages for an alleged fraud practiced by the defendant upon the plaintiffs in the sale of certain leases or leasehold estate. The alleged fraud consisted in representations made by the defendant touching the rents reserved by the leases, and • thereafter to become due and payable. The evidence showed, or tended to show, that the defendant represented and stated that the property rented for $4000 yearly, and that a written statement was produced by the defendant, and presented to…
1Opinion of the CourtMarvin, J.
Were the plaintiffs entitled to the charge simply as requested ? If so, there must be a new trial; otherwise not.
In my opinion the court' erred in refusing the requested instructions. If the facts were as shown by the plaintiffs’ proof, the representations made by the defendant were false, and the plaintiffs were actually deceived and defrauded. (It was admitted that the amount which the plaintiffs were entitled to recover, if they should have a verdict, was $3074.) The case is peculiar. The sale was of a leasehold estate and the lease and sub-leases. One of these leases was for ten years,…
2Cases cited4 opinions
- Mead v. . BunnNew York Court of Appeals · 1865
- Benton v. PrattNew York Supreme Court · 1829
- Binnard v. SpringNew York Supreme Court · 1864
- Lefever v. . LefeverNew York Court of Appeals · 1864
3Cited by3 opinions
- Du Flon v. PowersNew York City Court · 1873
- King v. LeightonNew York Supreme Court · 1880
- Murphy v. MurphyAppellate Terms of the Supreme Court of New York · 1912