Walker v. Soule
Massachusetts Supreme Judicial Court
Tort. The declaration was as follows: “ And the plaintiff says that the defendant, in the year 1861, was the duly qualified administrator of the estate of Joseph Pierce, deceased; that he falsely and fraudulently represented to the plaintiff that, as said administrator, he was lawfully authorized, licensed, and empowered by the Probate Court of said county to sell the real estate of said deceased; that by the defendant’s said false representation, and fraudulent concealment…
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Tort. The declaration was as follows: “ And the plaintiff says that the defendant, in the year 1861, was the duly qualified administrator of the estate of Joseph Pierce, deceased; that he falsely and fraudulently represented to the plaintiff that, as said administrator, he was lawfully authorized, licensed, and empowered by the Probate Court of said county to sell the real estate of said deceased; that by the defendant’s said false representation, and fraudulent concealment of the facts, in relation to the true state of the title to said real estate, he falsely .and fraudulently induced the…
1Opinion of the CourtW. Allen, J.
The action was begun more than twenty years after the cause of action accrued, but within six years after its discovery by the plaintiff. The only question is whether there was any evidence that the defendant fraudulently concealed the cause of action from the knowledge of the plaintiff, within the meaning of the Pub. Sts. c. 197, § 14.
There was no evidence of anything done by the defendant after the cause of action accrued, and no evidence of any fraudulent act of his, except in making the representations which constitute the cause of action. The representations alleged are that the…
2Cited by10 opinions
- Bates v. PrebleSupreme Court of the United States · 1894
- Thompson v. Whitaker Iron Co.West Virginia Supreme Court · 1895
- Connelly v. BartlettMassachusetts Supreme Judicial Court · 1934
- Brackett v. PerryMassachusetts Supreme Judicial Court · 1909
- Ramsey v. Child, Hulswit & Co.Michigan Supreme Court · 1917
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