Beach v. Eager — 10 N.Y. Sup. Ct. 610

Majority

p. 610

LEWIS BEACH, Respondent, v. JOHN EAGER, Appellant.

Headnote

Complaint foi' fraud—camse of action on conti'act cannot be proved under.

Under a complaint for fraud, it is not sufficient to prove a cause of action upon contract.^[1]

Appeal from a judgment in favor of plaintiff, entered at the County Court of Orange county.

The complaint alleged a cause of action arising from fraudulent representations as to the defendant’s power to sell a mortgage, and as to the amount due. thereon. The case went to, the jury under a charge of the judge, that the plaintiff was entitled to recover if the employment was not within the scope of defend

p. 611

ant’s agency. The jury were not required to find fraud on the part of the defendant.

Allertm & Mills, for the appellant.

John R. Bergen, for the respondent.

Opinion by Babnabd, P. J.

Present—Babnabd, P. J., Tappen and Donohue, JJ.

Judgment reversed and a new trial granted, costs to abide event.