Steinhardt v. Beer

The Superior Court of New York City

Steinhardt v. Beer

42 N.Y. St. Rep. 10

CourtThe Superior Court of New York City

DecidedDecember 10, 1891

StatusPublished

This text of 42 N.Y. St. Rep. 10 (Steinhardt v. Beer) is published on Counsel Stack Legal Research, covering The Superior Court of New York City primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Steinhardt v. Beer, 42 N.Y. St. Rep. 10 (N.Y. Super. Ct. 1891).

Pincite

Opinion

Dugro, J.

This is an appeal from an order vacating an order of arrest.

No facts are set forth in the papers upon which the order of arrest was granted that show the defendant to have been guilty of fraud.

It appears that he promised to do certain things in order to induce the plaintiffs to part with property. That he so promised with intent to deceive is not stated.

Because he failed to perform his agreement does not raise a presumption that he intended non-performance at the time he made the agreement; retroactive presumptions are not applicable to cases such as this.

The order appealed from should be affirmed, with ten dollars costs.

Sedgwick, Ch. J., concurs.

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