Upton v. Vail
New York Supreme Court
THIS cause came before the court, on certiorari, from „ . * , , . i a justice s court. The suit below was a special action on the case against Upton, for “ falsely and deceitfully” recommending one Daniel Brown, jun. to fail, as aman of property, whereby Vail was induced to give credit to Brown, and, afterwards, lost his debt.
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THIS cause came before the court, on certiorari, from „ . * , , . i a justice s court. The suit below was a special action on the case against Upton, for “ falsely and deceitfully” recommending one Daniel Brown, jun. to fail, as aman of property, whereby Vail was induced to give credit to Brown, and, afterwards, lost his debt. The facts, as they appeared before the justice, upon the trial, were, as follows: Upton had a judgment bond against Brown, . , -'i, , i. • i bearing date the 5 th of March, 1808, and conditioned to pay 550 dollars. On the 10th of March, 1808, he went with Brown to the…
1Opinion of the Court
Kent, Ch. J.
delivered the opinion of the court. Deceit, in the recommendation of Brown, was the gist of *182this action; it was a conclusion which the justice ' - • was to draw from the tacts ; and I think the facts did warrant that conclusion. There is no cause to disturb the judgment below, on the ground that it is not supported by proof. The judgment of the justice was here a substitute for the verdict of a jury, and the facts would well have justified a jury, to have drawn the inference of a premeditated fraud. But one of the points stated on the part of the plaintiff is, that this action…
2Cited by55 opinions
- Burr v. Board of County CommissionersOhio Supreme Court · 1986
- Marsh v. FalkerNew York Court of Appeals · 1869
- Kuelling v. Roderick Lean Manufacturing Co.New York Court of Appeals · 1905
- Hubbell v. . MeigsNew York Court of Appeals · 1872
- Endsley v. JohnsIllinois Supreme Court · 1887
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