Donovan v. Clifford
Massachusetts Supreme Judicial Court
Tort for alleged false and fraudulent representations, made at the times that the defendant purchased certain goods from the plaintiff, that the defendant intended to pay the plaintiff for the goods, whereby the plaintiff was induced to part, with them, whereas the defendant intended never to pay for the goods. Writ dated May 22,1915. In the Superior Court the case was tried before Hardy, J. The evidence is described in the opinion.
Read the full summary
Tort for alleged false and fraudulent representations, made at the times that the defendant purchased certain goods from the plaintiff, that the defendant intended to pay the plaintiff for the goods, whereby the plaintiff was induced to part, with them, whereas the defendant intended never to pay for the goods. Writ dated May 22,1915. In the Superior Court the case was tried before Hardy, J. The evidence is described in the opinion. Upon this evidence the judge ruled that the plaintiff was not entitled to go to the jury and ordered a verdict for the defendant. He thereupon reported the case…
1Opinion of the CourtDe Courcy, J.
The plaintiff, a dealer in millinery goods, made to the defendant, a milliner, the nineteen sales referred to in the declaration, beginning. August 24, 1914, ending October 6, 1914, and aggregating $207.82.
There was evidence from which the jury could find the following facts: When the defendant moved to Boylston Street about September, 1913, she was $7,000 in debt, and her business was greatly impaired during the year following; from August 1, 1914, to October 14, 1914, her indebtedness steadily increased and her stock diminished; about the first of September she had an attorney send a…
2Cases cited3 opinions
- Commonwealth v. AlthauseMassachusetts Supreme Judicial Court · 1910
- Watson v. SilsbyMassachusetts Supreme Judicial Court · 1896
- Phinney v. FriedmanMassachusetts Supreme Judicial Court · 1916
3Cited by7 opinions
- Pybus v. GrassoMassachusetts Supreme Judicial Court · 1945
- Commonwealth v. MorrisonMassachusetts Supreme Judicial Court · 1925
- Feldman v. WitmarkMassachusetts Supreme Judicial Court · 1926
- Schleifer v. Worcester North Savings InstitutionMassachusetts Supreme Judicial Court · 1940
- Thomas E. Hogan, Inc. v. BermanMassachusetts Supreme Judicial Court · 1941
2 more not listed; retrieve them via the Exa API.