Beecker & Beecker v. Vrooman

New York Supreme Court

Beecker & Beecker v. Vrooman

13 Johns. 302

CourtNew York Supreme Court

DecidedMay 15, 1816

StatusPublished

Cited by20 cases

This text of 13 Johns. 302 (Beecker & Beecker v. Vrooman) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Beecker & Beecker v. Vrooman, 13 Johns. 302 (N.Y. Super. Ct. 1816).

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Opinion

Yak Ness, J.,

delivered the opinión' of the court. The defence, offered in th.e court below Wgs improperly excluded.. The defendant below apprised the plaintiff of-his intention to rely for his. defence,, at the trial,'upon, the ffaudy and the es— tablished rulé now appears to be,, that, in cases-like the present, fraud may be givep in evidencé as. a defence, and will be an answer to the whole demand, or in abatement of the damagés, ac- . cording to the circumstances of the case./ This is the true) aw [303]*303well as a salutary rule, and well calculated to do final and compíete justice between the parties, most expeditiously and least expensively. (Basten v. Butten, 7 East, 480. n. Lewis v. Casgrave, 2 Taunt. 2. Fisher v. Samuda and another, 1 Camp. N. P. 190. Runyan v. Nichols, 11 Johns. Rep. 548.) The judgment, must, therefore, be reversed, and a venire de novo issued in the court below. ' ' ' <

Judgment below reversed.,

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Yak Ness, J.,

delivered the opinión' of the court. The defence, offered in th.e court below Wgs improperly excluded.. The defendant below apprised the plaintiff of-his intention to rely for his. defence,, at the trial,'upon, the ffaudy and the es— tablished rulé now appears to be,, that, in cases-like the present, fraud may be givep in evidencé as. a defence, and will be an answer to the whole demand, or in abatement of the damagés, ac- . cording to the circumstances of the case./ This is the true) aw [303]*303well as a salutary rule, and well calculated to do final and compíete justice between the parties, most expeditiously and least expensively. (Basten v. Butten, 7 East, 480. n. Lewis v. Casgrave, 2 Taunt. 2. Fisher v. Samuda and another, 1 Camp. N. P. 190. Runyan v. Nichols, 11 Johns. Rep. 548.) The judgment, must, therefore, be reversed, and a venire de novo issued in the court below. ' ' ' <

Judgment below reversed.,

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Bluebook (online)

13 Johns. 302, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beecker-beecker-v-vrooman-nysupct-1816.

Opinion

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