New York Court of Appeals

Teresa H. Hickey, Appellant v. John H. Morrell, Respondent

June 1, 1886102 N.Y. 454

Summary

The Court of Appeals reversed the lower court's nonsuit, holding that the defendant's statement that the warehouse exterior was fire‑proof was a false statement of fact, not merely opinion, and therefore actionable fraud. The case was remanded for a new trial so a jury may determine the fraud issues.