Fleming v. Slocum
New York Supreme Court
THIS was an action on the case, to recover damages for a fraud, in the sale of a negro man, named Tom, by the defendant to the plaintiff, tried at the Columbid circuit, before -Justice Van Ness, in December, 1819. The declaration contained three counts, 1. For falsely warranting the slave, as good, steady and honest:-2. For fraudulently concealing the fact that the slave was dishonest-, and addicted to stealing: 3. For fraudulently representing, him as honest, knowing him to…
Read the full summary
THIS was an action on the case, to recover damages for a fraud, in the sale of a negro man, named Tom, by the defendant to the plaintiff, tried at the Columbid circuit, before -Justice Van Ness, in December, 1819. The declaration contained three counts, 1. For falsely warranting the slave, as good, steady and honest:-2. For fraudulently concealing the fact that the slave was dishonest-, and addicted to stealing: 3. For fraudulently representing, him as honest, knowing him to be a thief, and fraudulently COhceáling that fact. At the trial, the plaintiff gave in evidence a bill of sale from ¡he…
1Opinion of the Court
Spencer, Ch. J.
delivered the opinion of the Court. The nonsuit was on the ground, that there was no proof of any fraudulent representation of the qualities of the slave; and, probably, also, because there was no proof of a fraudulent suppression of the truth. As Courts of law have concurrent jurisdiction with Courts of equity in cases of fraud, it *405cannot, I think, be doubted, that where it is made to appear, that a vendor has been guilty of a fraudulent concealment of material facts, to the injury of the vendee, an action at law can be sustained to recover damages. It is, also a rule of…
2Cited by8 opinions
- Tompkins v. HollisterMichigan Supreme Court · 1886
- Wakeman v. . DalleyNew York Court of Appeals · 1872
- Boston & Maine Railroad v. Delaware & Hudson Co.Appellate Division of the Supreme Court of the State of New York · 1933
- Nickley v. ThomasNew York Supreme Court · 1856
- Roberts v. . ChittendenNew York Court of Appeals · 1882
3 more not listed; retrieve them via the Exa API.