Postal v. Cohn
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Samuel G. Cohn and another, from a judgment of the Municipal Court of the city of New York, borough of Richmond, in favor of the plaintiff, entered on the 13th day of May, 1902.
1Opinion of the Court
Woodward, J.:
The return certifies that the pleadings in this action were oral; tliat the complaint was “ for deceit and fraud in the sale of a horse ; ” that the answer was a general denial and counterclaim, and that both parties demanded bills of particulars. The record on appeal also contains a written complaint setting forth all the elements of a cause of action for fraud, and a bill of particulars filed by the plaintiff restating in substance the facts alleged in the complaint. The court charged the jury that if they believed no fraud was committed there could be no recovery by the…
2Cases cited5 opinions
- Morris v. . TalcottNew York Court of Appeals · 1884
- Oberlander v. . SpiessNew York Court of Appeals · 1871
- Degraw v. . ElmoreNew York Court of Appeals · 1872
- Town of Green Island v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1903
- Truesdell v. BourkeNew York Court of Appeals · 1895
3Cited by1 opinion
- Polhemus v. PolhemusAppellate Division of the Supreme Court of the State of New York · 1906