Raymond v. Howland
New York Supreme Court
ERuou from the superior court of the city of New-York. Raymond sued Howland in an action on the case for false representations as to the credit of a mercantile house at Matanzas to which the plaintiff was about to make a shipment of goods to be sold on commission, and subsequently made such shipment, which was lost by the insolvency of the consignees. On the trial of the cause, one Wood being called as a witness for the plaintiff, was objected to as interested.
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ERuou from the superior court of the city of New-York. Raymond sued Howland in an action on the case for false representations as to the credit of a mercantile house at Matanzas to which the plaintiff was about to make a shipment of goods to be sold on commission, and subsequently made such shipment, which was lost by the insolvency of the consignees. On the trial of the cause, one Wood being called as a witness for the plaintiff, was objected to as interested. After evidence adduced by both parties upon the question of the interest of the witness, he executed a release to the plaintiff, was…
1Opinion of the Court
By the Court,
Savage, Ch. J.
In deciding the point excepted to, it must be conceded, for the purpose of this motion, that *178there was evidence enough to go to the jury, if the suit had been brought in the name of the right plaintiff. The question then is, whether the fraud must be practiced upon the plaintiff personally, or whether the action lies where the fraudulent representation is made to the plaintiff’s clerk or agent.
Upon principle, it can make no difference whether a fraud is perpetrated upon the principal or agent; a clerk is an agent, and so is a factor or commission merchant. The agent…
2Cited by6 opinions
- Wells v. Western Union Telegraph Co.Supreme Court of Iowa · 1909
- Wechsler v. Hoffman-La Roche, Inc.New York Supreme Court · 1950
- Lembeck v. GerkenSupreme Court of New Jersey · 1916
- Green v. ClarkNew York Supreme Court · 1852
- Culliford v. GaddThe Superior Court of the City of New York and Buffalo · 1892
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