Livermore v. Herschell
Massachusetts Supreme Judicial Court
This was an action on the case against Israel Herschell, Jacob Myers, and Isaac Joseph, for making false and fraudulent representations in order to induce the plaintiffs, and by which they were induced, to sell goods to Herschell on credit.
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This was an action on the case against Israel Herschell, Jacob Myers, and Isaac Joseph, for making false and fraudulent representations in order to induce the plaintiffs, and by which they were induced, to sell goods to Herschell on credit. The second count alleged, that “ Herschell, Myers, and Joseph, at &c., maliciously and wickedly contriving and in tending, for their own lucre and gain, to injure, cheat, and defraud the plaintiffs, did then and there falsely and fraudulently say, represent, and declare to the plaintiffs, &c., [setting forth the pretences by reason of which the plaintiffs…
1Opinion of the Court
Wilde J.
delivered the opinion of the Court. This is an action of the case in the nature of a conspiracy for a cheat practised on the plaintiffs, whereby they have been defrauded of their goods and have wholly lost the same. This is not a formed action of conspiracy, and therefore, although the plaintiffs allege that the defendants contrived and conspired together to commit the injury complained of, yet this averment is matter of aggravation only and need not be proved. The damage sustained by the plaintiffs is the ground of the action, and not the conspiracy. Skinner v. Gunton et al., 1 Wms’s…
2Cases cited19 opinions
- Ex Parte Bollman and SwartwoutSupreme Court of the United States · 1807
- Russell v. Clark's ExecutorsSupreme Court of the United States · 1812
- Sundry Goods, Wares & Merchandises v. United StatesSupreme Court of the United States · 1829
- Pierce v. JacksonMassachusetts Supreme Judicial Court · 1810
- Young v. BlackSupreme Court of the United States · 1813
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