Andrews v. Jackson
Massachusetts Supreme Judicial Court
Tort, for deceit. The declaration alleged that the plaintiff sold and conveyed to the defendant certain real estate situate in Medford “ for the sum of nineteen hundred dollars, and received in payment thereof fourteen hundred dollars in cash and four certain promissory notes all signed by one H. Joseph, amounting together to the sum of six hundred and fourteen hundredths dollars; that the defendant, to induce the plaintiff to convey said real estate to him, falsely…
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Tort, for deceit. The declaration alleged that the plaintiff sold and conveyed to the defendant certain real estate situate in Medford “ for the sum of nineteen hundred dollars, and received in payment thereof fourteen hundred dollars in cash and four certain promissory notes all signed by one H. Joseph, amounting together to the sum of six hundred and fourteen hundredths dollars; that the defendant, to induce the plaintiff to convey said real estate to him, falsely represented to the plaintiff that the maker of said notes was a man of property, and that said notes were as ‘ good as gold ’;…
1Opinion of the CourtKnowlton, J.
The principal question in this case is whether there was any evidence to warrant a finding that the false representations made by the defendant in regard to the notes were actionable. This finding is in these words: “ I find that the defendant represented these notes to be as good as gold, and that that representation was intended by him and understood by the plaintiff, not to be an expression of opinion, but a statement of a fact of his own knowledge. I find that the notes were worthless.” It is contended by the defendant that such a representation is necessarily, and as matter of law, a…
2Cases cited8 opinions
- Deming v. DarlingMassachusetts Supreme Judicial Court · 1889
- Safford v. GroutMassachusetts Supreme Judicial Court · 1876
- Kilgore v. BruceMassachusetts Supreme Judicial Court · 1896
- Morse v. ShawMassachusetts Supreme Judicial Court · 1878
- Belcher v. CostelloMassachusetts Supreme Judicial Court · 1877
3 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Ultramares Corp. v. ToucheNew York Court of Appeals · 1931
- Mabardy v. McHughMassachusetts Supreme Judicial Court · 1909
- Commonwealth v. StuartMassachusetts Supreme Judicial Court · 1911
- Gurney v. TenneyMassachusetts Supreme Judicial Court · 1908
- Coe v. WareMassachusetts Supreme Judicial Court · 1930
29 more not listed; retrieve them via the Exa API.