Legal Opinion

Long v. . Warren

New York Court of Appeals

Decided February 13, 1877PublishedCited by 53 opinions

Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, reversing a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the facts are set forth sufficiently in the opinion. The fraudulent representations of the defendant entitled plaintiff to recover.

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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, reversing a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the facts are set forth sufficiently in the opinion. The fraudulent representations of the defendant entitled plaintiff to recover. (Whitney v. Allaire, 1 Comst., 305; Coop v. Handy, 41 Barb., 454; 2 Add. on Torts, 1018, 1019.) The law did not impose upon plaintiff the necessity of exercising any extraordinary degree of vigilance in detecting the falsity of defendant’s representations.…

1Opinion of the CourtFolger, J.

This is an action at law, to recover damages for false representations and deceit, in the sale of a farm by the defendant to the plaintiff. The representations alleged to be false, were as to the non-existence, on the farm, of a noxious weed or grass known as quack grass. It is alleged that the plaintiff asked the defendant if there was any quack; and the defendant referred to a little piece north of the garden and the barn, about one and one-half, or one and three-fourths, acres, and said that there was quack there, and that he dug it out. The plaintiff then asked him if there was any other…

2Cases cited2 opinions

  1. Sherwood v. SalmonSupreme Court of Connecticut · 1813
  2. Tallman v. GreenThe Superior Court of New York City · 1850

3Cited by53 opinions

  1. Albany City Savings Institution v. . BurdickNew York Court of Appeals · 1881
  2. Long v. Inhabitants of AtholMassachusetts Supreme Judicial Court · 1907
  3. Mabardy v. McHughMassachusetts Supreme Judicial Court · 1909
  4. Whiting v. PriceMassachusetts Supreme Judicial Court · 1898
  5. Villard v. . VillardNew York Court of Appeals · 1916

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