Bean v. Herrick
Supreme Judicial Court of Maine
This was a bill in equity, in which the plaintiff set forth a purchase of the defendant of a large quantity of land in the towns of Kilmarnock and La Grange, in the county of Penobscot. That he was induced to purchase, by the false and fraudulent representations of the defendant as to the quality of the land, quantity and quality of the growth upon it, &c., which representations, it was alleged, the defendant well knew to be false.
Read the full summary
This was a bill in equity, in which the plaintiff set forth a purchase of the defendant of a large quantity of land in the towns of Kilmarnock and La Grange, in the county of Penobscot. That he was induced to purchase, by the false and fraudulent representations of the defendant as to the quality of the land, quantity and quality of the growth upon it, &c., which representations, it was alleged, the defendant well knew to be false. It appeared that the bargain was made with one Smyth, though the defendant gave the deed. At the July term, 1834, in Waldo, the Court made the following order,…
1Opinion of the Court
Weston C. J.
delivered the opinion of the Court.
It is contended, that the defendant had no interest in the sale to the plaintiff', having previously agreed to sell to Smith, and that he merely executed a contract of sale made by him. The jury, however, have found that he made representations which he knew to be false, with the intent that the plaintiff should bo defrauded, and that he was thereby defrauded. In the leading case of Pasley v. Freeman, 3 T. R. 51, it was decided, upon great consideration, that if a party make a false affirmation, although he has no interest of his own to serve,…
2Cases cited8 opinions
- Russell v. Clark's ExecutorsSupreme Court of the United States · 1812
- Upton v. VailNew York Supreme Court · 1810
- Powell v. ClarkMassachusetts Supreme Judicial Court · 1809
- Bradford v. ManlyMassachusetts Supreme Judicial Court · 1816
- McFerran v. TaylorSupreme Court of the United States · 1806
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- McKinnon v. TibbettsSupreme Judicial Court of Maine · 1982
- Messer v. SmythSupreme Court of New Hampshire · 1879