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Judgment reversed and new trial ordered, costs to abide event. Held, that the complaint does not allege fraud; the facts and circumstances averred raised an implied assumpsit on the part of the defendant, and the action is on contract, and not for a tort.
Document Info
Citation Numbers: 31 N.Y. Sup. Ct. 494
Filed Date: 4/15/1881
Precedential Status: Precedential
Modified Date: 2/4/2022