Sweet v. Kimball
Massachusetts Supreme Judicial Court
Tout, in two counts. The first count alleged that the plaintiff resided and did business in Providence, in the State of Rhode Island; that in' January, 1890, he was indebted to divers parties, among whom was the firm of Stimpson, Murray, and Company, composed of the defendant and one Charles N. Howe, and doing business in Boston, in various sums of money, which he was unable to pay in full; that he surrendered all his property by an assignment, as provided by the laws of…
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Tout, in two counts. The first count alleged that the plaintiff resided and did business in Providence, in the State of Rhode Island; that in' January, 1890, he was indebted to divers parties, among whom was the firm of Stimpson, Murray, and Company, composed of the defendant and one Charles N. Howe, and doing business in Boston, in various sums of money, which he was unable to pay in full; that he surrendered all his property by an assignment, as provided by the laws of Rhode Island, for the benefit of his creditors; that at a meeting of his creditors called pursuant to the assignment and at…
1Opinion of the CourtHolmes, J.
There is no doubt that it is actionable to induce a man to come into this State by fraudulent representations, with intent to arrest him after he gets here. Cook v. Brown, 125 Mass. 503. Wanzer v. Bright, 52 Ill. 35. But the defendant in support of his demurrer says that when it is alleged that the defendant fraudulently represented that if the plaintiff would come to Boston the defendant would do certain things, the so called representation relating wholly to the future was a contract or nothing, and therefore could not be fraudulent. *335But the allegation is elliptical. The fraud intended is…
2Cases cited3 opinions
- Wanzer v. BrightIllinois Supreme Court · 1869
- Commonwealth v. RubinMassachusetts Supreme Judicial Court · 1896
- Wesley C. Cook v. BrownMassachusetts Supreme Judicial Court · 1878
3Cited by13 opinions
- Pocatello Security Trust Co. v. HenryIdaho Supreme Court · 1922
- Moore v. HoweSupreme Court of Iowa · 1901
- City Deposit Bank v. GreenSupreme Court of Iowa · 1908
- Bennett v. SweetMassachusetts Supreme Judicial Court · 1898
- Church v. SwetlandCourt of Appeals for the Second Circuit · 1917
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