Hedden v. Griffin
Massachusetts Supreme Judicial Court
Tort, for false and fraudulent representations. Trial in the Superior Court, before Knowlton, J., who allowed a bill of exceptions, in substance as follows: The defendant was a member of the firm of C. R. Griffin and Company, the general agents for New England of the New York Life Insurance Company of New York.
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Tort, for false and fraudulent representations. Trial in the Superior Court, before Knowlton, J., who allowed a bill of exceptions, in substance as follows: The defendant was a member of the firm of C. R. Griffin and Company, the general agents for New England of the New York Life Insurance Company of New York. The defendant represented to the plaintiff that Samuel D. Nye and certain other persons, nine in all, on whose judgment and standing the plaintiff relied, had each become insured in said insurance company for the sum of $10,000 on the fifteen years’ endowment plan, had each paid their…
1Opinion of the CourtMorton, C. J.
In order to maintain an action of tort for deceit, it is necessary for the plaintiff to show that the false representations alleged in his declaration are representations of material facts calculated to deceive him and induce him to act. Representations as to matters which are merely collateral, and do not constitute essential elements of the contract into which the plaintiff is induced to enter, are not sufficient. It was held in the case of Penn Ins. Co. v. Crane, 134 Mass. 56, that representations like those alleged in the declaration in the case at bar are material in their nature; and…
2Cases cited2 opinions
- Morse v. HutchinsMassachusetts Supreme Judicial Court · 1869
- Penn Mutual Life Insurance v. CraneMassachusetts Supreme Judicial Court · 1883
3Cited by33 opinions
- Bond Leather Co., Inc. v. Q.T. Shoe Mfg. Co., Inc. And Martin S. Nadler, Bond Leather Co., Inc. v. Q.T. Shoe Mfg. Co., Inc., Melvin Nadler, Inc.Court of Appeals for the First Circuit · 1985
- Nash v. Minnesota Title Insurance & Trust Co.Massachusetts Supreme Judicial Court · 1895
- Dawe v. MorrisMassachusetts Supreme Judicial Court · 1889
- Whiting v. PriceMassachusetts Supreme Judicial Court · 1898
- Passatempo v. McMenimenMassachusetts Supreme Judicial Court · 2012
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