Legal Opinion

Hecker v. De Groot

New York Supreme Court

Decided April 15, 1857PublishedCited by 5 opinions

Demurrer to complaint.

1Opinion of the Court

Clerke, Justice.

The defendants are sued for damages occasioned by a fraud committed by them. It matters not in what capacity they acted, or with whom they co-operated. They were instrumental in perpetrating the acts constituting the fraud. This is admitted by the demurrer. If indeed a person is the unconscious instrument of others in committing an injury, he is not personally liable for the consequences; but, where he knowingly engages in an unlawful course, whether for his own immediate benefit or not, he cannot escape liability by showing that he acted as an agent.

The amount of damages is…

2Cited by5 opinions

  1. Byers v. RodabaughSupreme Court of Iowa · 1864
  2. Commercial Credit Corp. v. WellsAppellate Division of the Supreme Court of the State of New York · 1930
  3. Crane v. OnderdonkNew York Supreme Court · 1873
  4. McDermott v. ConleyNew York Supreme Court · 1890
  5. Frost v. KoppCity of New York Municipal Court · 1887

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