Emerson v. Brigham
Massachusetts Supreme Judicial Court
This was an action of the case in nature of deceit, on a sale of twenty-five barrels of unwholesome beef; and was submitted to the decision of the Court upon the following facts, in a case stated by the parties. The plaintiffs were merchants residing in Bath, in the county of Lincoln, and the defendants merchants residing in Boston.
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This was an action of the case in nature of deceit, on a sale of twenty-five barrels of unwholesome beef; and was submitted to the decision of the Court upon the following facts, in a case stated by the parties. The plaintiffs were merchants residing in Bath, in the county of Lincoln, and the defendants merchants residing in Boston. The defendants, on the 14th of June, 1811, sold to the plaintiffs, among other articles of provisions, the twenty-five barrels of beef mentioned in the declaration, branded, “ Falmouth, Mass., Cargo No. 3 Beef S. Bird, D. Insp.,” at six dollars per barrel, being…
1Opinion of the CourtSewall, J.
The rule has always been, I believe, that an action of deceit, or an action on the case for a deceit, in a bargain or trade, is maintainable only where the deception complained of has been intentional on the part of the seller; and it must [ * 200 ] also appear that the party purchasing had been * actually deceived, and had sustained thereby a loss or damage. There is, then, an injury, for which the law affords a remedy. (6)
In applying this rule, there has been some diversity of opinions, as to the cases within it. The rule has not been varied; but the decisions have not been uniform, as to…
2Cases cited15 opinions
- Watson's Executors v. McLarenNew York Supreme Court · 1838
- Boorman v. JenkinsNew York Supreme Court · 1834
- Howard & Ryckman v. HoeyNew York Supreme Court · 1840
- Young v. AdamsMassachusetts Supreme Judicial Court · 1810
- Sprague v. BlakeNew York Supreme Court · 1838
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