Gallager v. Brunel
New York Supreme Court
On demurrer to the declaration. The first count stated, that on the 9th of April, 1823, Castro ⅜ Henriques proPose<^ to purchase of the plaintiffs a quantity of cotton, at a certain price ; part to be paid in cash, and part to be secured by the promissory note of the purchasers endorsed by the defendant, at 4 months; that C. ⅜ H. were unable to pay for the cotton ; and the plaintiffs therefore unwilling to sell all, or any part, on their sole credit; and the defendant knew…
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On demurrer to the declaration. The first count stated, that on the 9th of April, 1823, Castro ⅜ Henriques proPose<^ to purchase of the plaintiffs a quantity of cotton, at a certain price ; part to be paid in cash, and part to be secured by the promissory note of the purchasers endorsed by the defendant, at 4 months; that C. ⅜ H. were unable to pay for the cotton ; and the plaintiffs therefore unwilling to sell all, or any part, on their sole credit; and the defendant knew this. Yet, contriving and intending to injure and defraud the plaintiffs; and to induce them to sell and deliver the…
1Opinion of the Court
Curia, per
Woodworth, J.
The ground of complaint is, that the defendant fraudulently and deceitfully represented and held out to the plaintiffs, that the defendant was willing to, and would endorse the note of Castro & Henriques, in case the plaintiffs should sell and deliver the cotton ; but that in fact he was not willing, and did not intend, nor has he endorsed the noie, whereby the plaintiffs are injured. The second count alleges that Castro & Henriques were, at the time of the purchase, in bad credit, which the defendant knew ; that intending to defraud the plaintiffs, and enable Castro &…
2Cases cited2 opinions
- Upton v. VailNew York Supreme Court · 1810
- Barney v. DeweyNew York Supreme Court · 1816
3Cited by17 opinions
- Adams v. . GilligNew York Court of Appeals · 1910
- Dung v. . ParkerNew York Court of Appeals · 1873
- La Frombois v. Jackson ex dem. SmithCourt for the Trial of Impeachments and Correction of Errors · 1826
- Murphy v. MurphyIllinois Supreme Court · 1901
- Haenni v. BleischIllinois Supreme Court · 1893
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