Steinhardt v. Beer

Superior Court of New York

Steinhardt v. Beer

16 N.Y.S. 609, 1891 N.Y. Misc. LEXIS 2134

CourtThe Superior Court of the City of New York and Buffalo

DecidedDecember 10, 1891

StatusPublished

This text of 16 N.Y.S. 609 (Steinhardt v. Beer) is published on Counsel Stack Legal Research, covering The Superior Court of the City of New York and Buffalo primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Steinhardt v. Beer, 16 N.Y.S. 609, 1891 N.Y. Misc. LEXIS 2134 (superctny 1891).

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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 plaintiff's 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 in[610]*610tended non-performance at the time he made the agreement; retroactive presumptions are not applicable to eases such as this. The order appealed from should be affirmed, with $10 costs.

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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 plaintiff's 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 in[610]*610tended non-performance at the time he made the agreement; retroactive presumptions are not applicable to eases such as this. The order appealed from should be affirmed, with $10 costs.

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Bluebook (online)

16 N.Y.S. 609, 1891 N.Y. Misc. LEXIS 2134, Counsel Stack Legal Research, https://law.counselstack.com/opinion/steinhardt-v-beer-superctny-1891.