Taylor v. Thompson
Appellate Division of the Supreme Court of the State of New York
Appeal - by the defendants, Robert H. Thompson and another, from a judgment of the Supreme Court in favor of the: plaintiff, entered in the office of the clerk of the county of New York on the 11th day of April, 1900, upon the verdict of a jury, and also from .an order entered in said clerk’s office on the 16th day of April, 1900, denying the defendants’ motion for a new trial made upon the minutes.
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Appeal - by the defendants, Robert H. Thompson and another, from a judgment of the Supreme Court in favor of the: plaintiff, entered in the office of the clerk of the county of New York on the 11th day of April, 1900, upon the verdict of a jury, and also from .an order entered in said clerk’s office on the 16th day of April, 1900, denying the defendants’ motion for a new trial made upon the minutes. In this action it is attempted to charge the defendants for damages sustained by the plaintiff through misrepresentations alleged to have been made by the firm of Thompson, Culbert & Co., by which…
1Opinion of the Court
O’Brien, J.:
The questions of whether the representations claimed to have been made by Culbert were those of fact or mere opinion or calculation and the extent to which they were relied upon, it is unnecessary to determine in view of the conclusion at which we have arrived.
Proceeding, therefore, to what we think is controlling upon this appeal, we find two phases of the testimony which are to be considered separately as bearing upon the plaintiff’s right to maintain this action against Culbert’s copartners for deceit. It will serve the purpose of clearness if we discuss first that which is…
2Cases cited8 opinions
- Summerlot v. HamiltonIndiana Supreme Court · 1889
- Schwabacker v. RiddleIllinois Supreme Court · 1877
- Love v. PayneIndiana Supreme Court · 1880
- Bender v. HemstreetNew York Supreme Court · 1895
- Henderson v. BartlettAppellate Division of the Supreme Court of the State of New York · 1898
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