Tindle v. . Birkett
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 9, 1904, affirming a judgment in favor of plaintiffs entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 9, 1904, affirming a judgment in favor of plaintiffs entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. The claim in suit was provable in the bankruptcy proceedings of the defendant, and, not having been reduced to judgment, is barred by the defendant’s discharge. (Crawford v. Burke, 195 U. S. 176; Smith v. Lambert, 11 Am. Bank. Reg. 252; Morse v. Kaufman, 7 Am. Bank. Reg.…
1Opinion of the CourtWerner, J.
This action was brought to recover damages which the plaintiffs claim to have sustained in consequence of specified false and fraudulent representations, alleged to have been made by the firm of which the defendant is the survivor, to the representatives of two mercantile agencies, concerning the assets and financial responsibility of that firm, upon the strength of which these mercantile agencies issued reports by which the plaintiffs say they were deceived into selling defendant’s firm goods which they would not otherwise have sold to it. The general question whether such representations,…
2Cases cited4 opinions
- Crawford v. BurkeSupreme Court of the United States · 1904
- Tindle v. . BirkettNew York Court of Appeals · 1902
- Frey v. TorreyAppellate Division of the Supreme Court of the State of New York · 1902
- Frey v. . TorreyNew York Court of Appeals · 1903
3Cited by16 opinions
- Tindle v. BirkettSupreme Court of the United States · 1907
- Kavanaugh v. . McIntyreNew York Court of Appeals · 1914
- Kavanaugh v. McIntyreAppellate Division of the Supreme Court of the State of New York · 1908
- Oldham v. NobleIndiana Court of Appeals · 1946
- In re NuttallDistrict Court, S.D. New York · 1912
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