Sawyer v. Prickett
Supreme Court of the United States
Appeal from the Circuit Court for the Northern District of Illinois. Ephraim Sawyer filed a bill in the court below against Henry Prickett and wife, to foreclose a mortgage given by them, on the 1st of September, 1857, to the Fox River Valley Railroad Company, to secure the payment of a note for $2000 at ten years from its date, and by the company assigned to him, the complainant.
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Appeal from the Circuit Court for the Northern District of Illinois. Ephraim Sawyer filed a bill in the court below against Henry Prickett and wife, to foreclose a mortgage given by them, on the 1st of September, 1857, to the Fox River Valley Railroad Company, to secure the payment of a note for $2000 at ten years from its date, and by the company assigned to him, the complainant. The answer set np as a defence, that at the date mentioned Prickett gave the note described to secure the payment of a subscription to the stock of the railroad company mentioned, and that this subscription was…
1Opinion of the CourtJustice Hunt
The law gives a different effect to a representation of existing facts, from that given to a representation of facts to come into existence. To make a false representation the subject of'an indictment, or of an action, two things are generally necessary, viz., that it should be a statement likely to impose upon one exercising common prudence and caution, and that'.it should be the statement of an existing fact. A promissory statement is not, ordinarily, the subject either of an indictment or of an action. * The law also gives a different effect to those promissory statements based upon…
2Cases cited1 opinion
- Swift v. TysonSupreme Court of the United States · 1842
3Cited by53 opinions
- Pollock v. WilliamsSupreme Court of the United States · 1944
- New York Life Insurance v. McMasterCourt of Appeals for the Eighth Circuit · 1898
- Taylor v. . Commercial BankNew York Court of Appeals · 1903
- Housekeeper Pub. Co. v. SwiftCourt of Appeals for the Eighth Circuit · 1899
- Guthrie & Western Railroad v. RhodesSupreme Court of Oklahoma · 1907
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