Whiteside v. Brawley
Massachusetts Supreme Judicial Court
Tort, with a count in contract, against Levi W. Brawley, who died after entry, and his administratrix was summoned in to defend the action. At the trial in the Superior Court, before Brigham, C. J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions, which appear in the opinion.
1Opinion of the CourtHolmes, J.
This is an action with two counts, one for fraudulent representations in an exchange of horses, the other for a conversion of the plaintiff’s horse and twenty-five dollars given by the plaintiff as part of the bargain. There was evidence that the plaintiff knew of the defects concerning which the representations were made, but there was also evidence that he relied upon the representations; and, so far as appears, the jury would have been warranted in finding that, notwithstanding what the plaintiff saw and heard, he reasonably surrendered his judgment *134to Brawley, the defendant’s intestate.…
2Cases cited12 opinions
- Connihan v. ThompsonMassachusetts Supreme Judicial Court · 1873
- Cutter v. HamlenMassachusetts Supreme Judicial Court · 1888
- Kimball v. CunninghamMassachusetts Supreme Judicial Court · 1808
- Bowen v. . MandevilleNew York Court of Appeals · 1884
- Mullaly v. AustinMassachusetts Supreme Judicial Court · 1867
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3Cited by36 opinions
- Snow v. AlleyMassachusetts Supreme Judicial Court · 1892
- Whiting v. PriceMassachusetts Supreme Judicial Court · 1898
- Rock-Ola Manufacturing Corp. v. Music & Television Corp.Massachusetts Supreme Judicial Court · 1959
- Daley v. People's Building, Loan & Saving Ass'nMassachusetts Supreme Judicial Court · 1901
- Sonnesyn v. AkinNorth Dakota Supreme Court · 1905
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