# Whitney v. Wardell

> New York Supreme Court · May 8, 1894 · 28 N.Y.S. 1118

URL: https://www.frixlaw.com/law-library/cases/5506633

## Case

- **Full name:** WHITNEY v. WARDELL
- **Court:** New York Supreme Court
- **Decided:** May 8, 1894
- **Citations:** 28 N.Y.S. 1118; 59 N.Y. St. Rep. 885
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Herrick
- **Judges:** Herrick
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5506633

## Opinion text

HERRICK, J.
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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5506633. Public record. Not legal advice.