Stearn v. Clifford
Supreme Court of Vermont
Trover for a fur coat, of the value of twenty dollars and a check for the amount of seventy-seven dollars. Plea, the general issue; trial by court at the December Term, 1888, Caledonia County, Tyler, J., presiding. Yerdict for defendant. Exceptions by plaintiff. The plaintiff claimed that the defendant procured the property in question through false and fraudulent representations as to his financial ability and without ever intending to pay for it.
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Trover for a fur coat, of the value of twenty dollars and a check for the amount of seventy-seven dollars. Plea, the general issue; trial by court at the December Term, 1888, Caledonia County, Tyler, J., presiding. Yerdict for defendant. Exceptions by plaintiff. The plaintiff claimed that the defendant procured the property in question through false and fraudulent representations as to his financial ability and without ever intending to pay for it. His testimony tended to show that on the 7th of December, 1887, the defendant came into his store in Lyndonville, picked out the coat and said he…
1Opinion of the Court
The opinion of the court was delivered by
Rowell, J.
It was competent to show that before the making of the alleged fraudulent representations by the defendant, the plaintiff had loaned him money without security and without inquiry as to his financial condition and credit, and that the loans were promptly paid, and that at the time in question plaintiff was not aware of any change in defendant’s financial ability, as tending to show that plaintiff did not rely upon said representations in giving the credit here involved, but relied on his knowledge and estimate of defendant’s worthiness of…
2Cases cited1 opinion
- Willard v. NorcrossSupreme Court of Vermont · 1908
3Cited by9 opinions
- Lincoln v. Central Vermont Railway Co.Supreme Court of Vermont · 1909
- Temple Et Ux. v. AtwoodSupreme Court of Vermont · 1926
- German v. Bennington & Rutland RailroadSupreme Court of Vermont · 1899
- Sowles v. CarrSupreme Court of Vermont · 1897
- Bagley v. CooperSupreme Court of Vermont · 1916
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