Morse v. Hutchins
Massachusetts Supreme Judicial Court
Tort for deceit in making false and fraudulent representations to the plaintiff touching the business and profits of a firm of which the defendant was a member, and thereby inducing the plaintiff to buy the interest of the defendant in the stock and good will of the firm. A count in contract for the same cause of action was joined. Answer, a general denial and a plea of a discharge in bankruptcy.
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Tort for deceit in making false and fraudulent representations to the plaintiff touching the business and profits of a firm of which the defendant was a member, and thereby inducing the plaintiff to buy the interest of the defendant in the stock and good will of the firm. A count in contract for the same cause of action was joined. Answer, a general denial and a plea of a discharge in bankruptcy. At the trial in the superior court, Brigham, C. J., ruled that the discharge in bankruptcy was a defence to the second count, but not to the first count; and the plaintiff relied on the first count…
1Opinion of the CourtGray, J.
The objections that either the joinder of a count in contract with the count in tort, or the certificate of discharge in bankruptcy, would defeat the plaintiff’s right of action in tort for the defendant’s false and fraudulent representations, were hardly relied on at the argument, and are groundless. Gen. Sts. c. 129, § 2, cl. 5. Crafts v. Belden, 99 Mass. 535. U. S. St. 1867, c. 176, § 33.
*440The rule of damages was rightly stated to the jury. It is now well settled that, in actions for deceit or breach of warranty, the measure of damages is the difference between the actual value of the…
2Cases cited3 opinions
- Crafts v. BeldenMassachusetts Supreme Judicial Court · 1868
- Sherwood v. SuttonU.S. Circuit Court for the District of New Hampshire · 1827
- Woodward v. ThacherSupreme Court of Vermont · 1849
3Cited by60 opinions
- Nash v. Minnesota Title Insurance & Trust Co.Massachusetts Supreme Judicial Court · 1895
- National Shawmut Bank v. JohnsonMassachusetts Supreme Judicial Court · 1945
- Piper v. ChildsMassachusetts Supreme Judicial Court · 1935
- Nysewander v. LowmanIndiana Supreme Court · 1890
- Rice v. PriceMassachusetts Supreme Judicial Court · 1960
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