Whiting v. Price
Massachusetts Supreme Judicial Court
Tort, for false representations. The declaration alleged that the defendants sold to the plaintiff “ a bond purporting to be a first mortgage bond, duly issued by the Jacksonville Electric Light Company, County of Duval, State of Florida, said bond being for the sum of one thousand dollars and interest, and being numbered ten; and to induce said plaintiff to buy, the said defendants falsely represented to him that said bond was good, of full value, a good investment, and…
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Tort, for false representations. The declaration alleged that the defendants sold to the plaintiff “ a bond purporting to be a first mortgage bond, duly issued by the Jacksonville Electric Light Company, County of Duval, State of Florida, said bond being for the sum of one thousand dollars and interest, and being numbered ten; and to induce said plaintiff to buy, the said defendants falsely represented to him that said bond was good, of full value, a good investment, and secured by the machinery and real estate of the Jacksonville Electric Light Company, and of other companies, of the value…
1Opinion of the CourtHolmes, J.
The representation that the bond was secured by the machinery and real estate of the Jacksonville Electric Light Company and of other companies of the value of half a million dollars, if fraudulent, went beyond the latitude allowed to sellers by the latest decisions of this court. Kilgore v. Bruce, 166 Mass. 136. Andrews v. Jackson, 168 Mass. 266. Naming-the company and going into particulars as it did, the statement could not be excused as one of those generalities which, whether-true or not, are to be expected from a man who wants to sell his goods. Homer v. Perkins, 124 Mass. 431, 433.…
2Cases cited10 opinions
- O'Donnell v. Inhabitants of ClintonMassachusetts Supreme Judicial Court · 1888
- Litchfield v. HutchinsonMassachusetts Supreme Judicial Court · 1875
- Fisher v. MellenMassachusetts Supreme Judicial Court · 1870
- Kilgore v. BruceMassachusetts Supreme Judicial Court · 1896
- Andrews v. JacksonMassachusetts Supreme Judicial Court · 1897
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Whiting v. PriceMassachusetts Supreme Judicial Court · 1898
- State Ex Rel. Fletcher v. District CourtSupreme Court of Iowa · 1931
- Commonwealth v. StuartMassachusetts Supreme Judicial Court · 1911
- Commonwealth v. QuinnMassachusetts Supreme Judicial Court · 1916
- Bridenstine v. Gerlinger Motor Car Co.Oregon Supreme Court · 1917
5 more not listed; retrieve them via the Exa API.