Whitney v. Wardell — 59 N.Y. St. Rep. 885

Majority

p. 885

Oliver B. Whitney, App’lt, v. Lawrence E. Wardell, Resp’t.

I think the judgment should be affirmed. There is nothing in the case to show that Whitney advanced any money, gave credit, or ac-

p. 886

copied 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 lie was a member of such firm. Lawrence v. Brown, 5 N. Y. 394 ; Poillon v. Secor, 61 id. 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 id. 64. Judgment should be affirmed, with costs. All concur.

Cases cited

Lawrence v. Brown 5 N. Y. 394 N.Y. p. 886
Pringle v. Leverich 48 N. Y. Super. Ct. 90 N.Y. Super. Ct. 1882-02-06 p. 886
Vibbard v. Roderick 51 Barb. 616 N.Y. Sup. Ct. 1868-09-07 p. 886