White v. Seaver
New York Supreme Court
THIS was an action originally brought in a justice’s court of Saratoga county. The complaint averred that the defendant, in the month of April, 1853, falsely and fraudulently represented to the plaintiff that he had a written contract with Ely Beecher for the premises on which the defendant then resided, including a certain dam and other appurtenances for supplying water to the shop, on said premises, to carry a wheel for machinery purposes, and that he had full control of…
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THIS was an action originally brought in a justice’s court of Saratoga county. The complaint averred that the defendant, in the month of April, 1853, falsely and fraudulently represented to the plaintiff that he had a written contract with Ely Beecher for the premises on which the defendant then resided, including a certain dam and other appurtenances for supplying water to the shop, on said premises, to carry a wheel for machinery purposes, and that he had full control of said dam and the water, and that said contract secured to him a warranty deed thereof; that the plaintiffs were induced…
1Opinion of the Court
By the Court, C. L. Allen, P. J.
The complaint is for fraud, and not for breach of contract. Ho contract is set forth, and the plaintiffs did not, and do not, claim to recover for such breach, but on the ground of the fraudulent representations made by the defendant, which induced the plaintiffs to enter into the contract. The allegation is that the defendants falsely represented to the plaintiffs that he had a written contract with Ely Beecher, for the premises on which he resided, and that he had full control of the dam and water privilege, when he had no such contract and no such control.…
2Cases cited7 opinions
- Bradley v. BosleyNew York Court of Chancery · 1845
- Leonard v. PitneyNew York Supreme Court · 1830
- Wheaton v. BakerNew York Supreme Court · 1853
- Browne v. ScofieldNew York Supreme Court · 1850
- Palmer v. LawrenceThe Superior Court of New York City · 1849
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Riggs v. . PursellNew York Court of Appeals · 1876
- Wheeler v. DunnSupreme Court of Colorado · 1889
- Norton v. Nebraska Loan & Trust Co.Nebraska Supreme Court · 1892
- Brown v. BledsoeIdaho Supreme Court · 1879
- Kaston v. Nathan Zimmerman & George Orlove & Co.Appellate Division of the Supreme Court of the State of New York · 1920
6 more not listed; retrieve them via the Exa API.