Legal Opinion

Brown v. Blunt

Supreme Judicial Court of Maine

Decided July 19, 1881PublishedCited by 1 opinion

On exceptions. Ah action on the case for deceit in selling to the plaintiff six wagons, in which the plaintiff alleges that the defendants had no interest in fact. The writ was dated February 23, 1880. Plea, general issue. The facts are stated in the opinion. From Lord Cone, to the present time, it has been the glory of the common law that it abhors fraud in whatever shape it may present itself.

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On exceptions. Ah action on the case for deceit in selling to the plaintiff six wagons, in which the plaintiff alleges that the defendants had no interest in fact. The writ was dated February 23, 1880. Plea, general issue. The facts are stated in the opinion. From Lord Cone, to the present time, it has been the glory of the common law that it abhors fraud in whatever shape it may present itself. "The common law,55 said all the judges of England in Fermofs case, 3 Cote, 78, a, "doth so abhor fraud and covin, that all acts, as well judicial as others, being mixed with fraud and deceit, are in…

1Opinion of the CourtBarrows, J.

It appears in the exceptions, that the defendants, on May 5, 1877, had control of an execution which had been recovered in the name of a Skowhegan bank, against one Huntress and the plaintiff, upon a note in which the defendants were payees, and said Huntress and the plaintiff (as his surety) were original promisors. One of the defendants went with the attorney and sheriff to the plaintiff’s house, with the avowed purpose of levying the execution upon the plaintiff’s homestead; but such negotiations were then had between them that no levy. was made, the plaintiff agreeing to go with them to…

2Cases cited2 opinions

  1. Tevis v. YoungCourt of Appeals of Kentucky · 1858
  2. Commonwealth v. McDuffyMassachusetts Supreme Judicial Court · 1879

3Cited by1 opinion

  1. McCall v. BushnellSupreme Court of Minnesota · 1889

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