Nelson v. Blanchfield

New York Supreme Court

Nelson v. Blanchfield

54 Barb. 630, 1869 N.Y. App. Div. LEXIS 66

CourtNew York Supreme Court

DecidedNovember 1, 1869

StatusPublished

Cited by4 cases

This text of 54 Barb. 630 (Nelson v. Blanchfield) 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

Nelson v. Blanchfield, 54 Barb. 630, 1869 N.Y. App. Div. LEXIS 66 (N.Y. Super. Ct. 1869).

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Opinion

By the Court,

Clerke, P. J.

As to the facts upon which the order of arrest.was based, and which constitute the gist of the action, we would, in ordinary eases, allow the [636]*636former to stand and' abide the trial of the issues. Their truth or falsity, in an action of tort, should never be decided on a motion. But, in this case, after the perpetration of the alleged frauds, there was a settlement between •the parties; the plaintiff accepting the defendant’s note for $700, 100 shares of Combination Silver stock, and a due-bill for 200 shares of that stock. This was a waiver of his right to arrest the defendant, and a condonation of the tort.

[New York General Term, November 1, 1869.

The order should be reversed, with costs.

Clerke, Sutherland and Cardozo, Justices.]

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By the Court,

Clerke, P. J.

As to the facts upon which the order of arrest.was based, and which constitute the gist of the action, we would, in ordinary eases, allow the [636]*636former to stand and' abide the trial of the issues. Their truth or falsity, in an action of tort, should never be decided on a motion. But, in this case, after the perpetration of the alleged frauds, there was a settlement between •the parties; the plaintiff accepting the defendant’s note for $700, 100 shares of Combination Silver stock, and a due-bill for 200 shares of that stock. This was a waiver of his right to arrest the defendant, and a condonation of the tort.

[New York General Term, November 1, 1869.

The order should be reversed, with costs.

Clerke, Sutherland and Cardozo, Justices.]

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Bluebook (online)

54 Barb. 630, 1869 N.Y. App. Div. LEXIS 66, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nelson-v-blanchfield-nysupct-1869.

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