Hadcock v. . Osmer
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the 'Supreme Court in the fourth judicial department, entered April 27, 1896, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed'an order denying a motion for a new trial, j The nature of the action and the facts, so far as material, ■are stated in the opinion. Proof of fraud was wholly wanting, and the court should have nonsuited the plaintiff as requested.
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Appeal from a judgment of the Appellate Division of the 'Supreme Court in the fourth judicial department, entered April 27, 1896, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed'an order denying a motion for a new trial, j The nature of the action and the facts, so far as material, ■are stated in the opinion. Proof of fraud was wholly wanting, and the court should have nonsuited the plaintiff as requested. (Starr v. Peck, 1 Hill, 270; 2 Pars, on Cont. [5th ed.] 784; Hewlett v. S. C. S. Co., 84 Hun, 248; Marsh v. Falker, 40 N. Y. 562; Shultz v.…
1Opinion of the CourtVann, J.
Prior to the fifteenth of September, 1888, Deloss Brown, as principal, and Joseph Brown, as surety, were indebted to the defendant on a past-due note for over $300 and payment thereof had repeatedly been demanded. After trying in vain to borrow money to pay the note, Deloss told the defendant that he did not know where they could get it, and asked if he must have it. The defendant said yes, and, upon being further asked by Deloss where the money could be had, recommended him to call on one Benjamin Hadcock. He did so and was told by Benjamin that he could not lend the money, but that his…
2Cases cited9 opinions
- Bennett v. . JudsonNew York Court of Appeals · 1860
- Kountze v. . KennedyNew York Court of Appeals · 1895
- Chatham Furnace Co. v. MoffattMassachusetts Supreme Judicial Court · 1888
- Rothschild v. . MackNew York Court of Appeals · 1889
- Marsh v. FalkerNew York Court of Appeals · 1869
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- Gagne v. BertranCalifornia Supreme Court · 1954
- Ajax Hardware Manufacturing Corporation v. Industrial Plants CorporationCourt of Appeals for the Second Circuit · 1977
- Burgundy Basin Inn, Ltd. v. Watkins Glen Grand Prix Corp.Appellate Division of the Supreme Court of the State of New York · 1976
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