Schwabeland v. Buchler

New York Court of Common Pleas

Schwabeland v. Buchler

10 Misc. 773

DecidedJuly 1, 1894

StatusPublished

This text of 10 Misc. 773 (Schwabeland v. Buchler) is published on Counsel Stack Legal Research, covering New York Court of Common Pleas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Schwabeland v. Buchler, 10 Misc. 773 (N.Y. Super. Ct. 1894).

Pincite

Opinion

Per. Cu/riam.

The case was disposed of in the court below upon the assumption that the representations made in January were repeated in March. The judge, in his charge to the jury, assumed that to be the fact. If he was in error the appellant should have had the correction made at the time. As this was not done the General Term was justified in regarding that as the fact. If such was the fact, then the fraud was clearly made out, for the vendees were then indebted [774]*774beyond the amount represented, and the verdict cannot he disturbed.

Judgment affirmed.

Present: Daly, Oh. J., Bischoff and Pryor, JJ.

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Per. Cu/riam.

The case was disposed of in the court below upon the assumption that the representations made in January were repeated in March. The judge, in his charge to the jury, assumed that to be the fact. If he was in error the appellant should have had the correction made at the time. As this was not done the General Term was justified in regarding that as the fact. If such was the fact, then the fraud was clearly made out, for the vendees were then indebted [774]*774beyond the amount represented, and the verdict cannot he disturbed.

Judgment affirmed.

Present: Daly, Oh. J., Bischoff and Pryor, JJ.

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Bluebook (online)

10 Misc. 773, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schwabeland-v-buchler-nyctcompl-1894.