Eilenberg v. Wax

Appellate Terms of the Supreme Court of New York

Decided February 20, 1913

Appellate Terms of the Supreme Court of New York · decided 1913-02-20

Fbaud (§ 55*)—Actions—Admission of Evidence. In an action for damages by alleged false representations inducing plaintiff to deposit a check resulting in a loss, defendant was entitled to give evidence as to the nature of the transaction. [Ed. Note.—For other cases, see Fraud, Cent. Dig. § 52; Dec. Dig. $ 55.*]

Decided 1913-02-20

PER CURIAM.

¶1This is an action to recover damages for alleged fraudulent representations. Whether or not the defendant had made false representations to the plaintiff to induce him to deposit a check for $50 could only be fairly determined after the parties had each been permitted to testify to their version of the transaction. The learned court below excluded the evidence of the defendant on this question. That ruling necessitates a new trial.

¶2Judgment reversed, and new trial ordered, with costs to appellant to abide the event. All concur.