Whitney v. Wardell — 28 N.Y.S. 1118

Majority

p. 1118

WHITNEY, Appellant, v. WARDELL, Respondent.

(Supreme Court, General Term, Third Department.

May 8, 1894.)

Headnote

Action by Oliver B. Whitney against Lawrence E. Wardell.

Argued before MAYHAM, P. J., and PUTNAM and HERRICK, JJ.

John Rusk (A. T. Clearwater, of counsel), for appellant.

Eldorous Dayton, for respondent.

I think the judgment should be affirmed. There is nothing in the case to show that Whitney advanced any money, gave credit, or accepted the note upon which the action is brought, in reliance upon the statement that Wardell was a member of the firm of W. J. Caywood & Co., or was in any way misled by any “holding out” by Wardell that he was a member of such firm. Lawrence v. Brown, 5 N. Y. 394 ; Poillon v. Secor, 61 N. Y. 456 ; Pringle v. Leverich, 48 N. Y. Super. Ct. 90 ; Du Bois v. Lamson, 18 Wkly. Dig. 490 ; Vibbard v. Roderick, 51 Barb. 616 ; Irvin v. Conklin, 36 Barb. 64 . Judgment should be affirmed, with costs. All concur.

Cases cited

Lawrence v. Brown 5 N. Y. 394 N.Y. p. 1118
Poillon v. Secor 61 N. Y. 456 N.Y. Comm'n App. p. 1118
Pringle v. Leverich 48 N. Y. Super. Ct. 90 N.Y. Super. Ct. 1882-02-06 p. 1118
Vibbard v. Roderick 51 Barb. 616 N.Y. Sup. Ct. 1868-09-07 p. 1118
Irvin v. Conklin 36 Barb. 64 N.Y. Sup. Ct. 1861-11-04 p. 1118