Safford v. Grout
Massachusetts Supreme Judicial Court
Tort. The declaration alleged that the defendant desired the plaintiffs to sell to him a certain quantity of leather, and, to induce the plaintiffs to sell the goods, offered in payment therefor the promissory note of Marshall Smith, and falsely represented to the plaintiffs that Smith “ was a person of ample means and ability to pay said note, and that the note was good,” and that the plaintiffs, relying upon said representations, sold the leather to the defendant and took…
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Tort. The declaration alleged that the defendant desired the plaintiffs to sell to him a certain quantity of leather, and, to induce the plaintiffs to sell the goods, offered in payment therefor the promissory note of Marshall Smith, and falsely represented to the plaintiffs that Smith “ was a person of ample means and ability to pay said note, and that the note was good,” and that the plaintiffs, relying upon said representations, sold the leather to the defendant and took the note in payment therefor ; that Smith was then insolvent and known so to be by the defendant. There was also a count…
1Opinion of the CourtColt, J.
No question of pleading arises up_n the bill of exceptions ; nor does it state all the instructions given to the jury. Under the instructions reported upon the point raised, and those which, in the absence of anything to the contrary, we must presume to have been given, the jury have found that the allegations of the first count were proved.
The defendant asked the court to rule, in substance, that if the plaintiffs took time to inquire as to the responsibility of the maker, availed themselves of the common knowledge and judgment as to his pecuniary standing, and were influenced by what they…
2Cases cited5 opinions
- Hocker v. GentryCourt of Appeals of Kentucky · 1861
- Mershon v. CommonwealthCourt of Appeals of Kentucky · 1859
- Milliken v. ThorndikeMassachusetts Supreme Judicial Court · 1869
- Knight v. PeacockMassachusetts Supreme Judicial Court · 1874
- Bannister v. AldermanMassachusetts Supreme Judicial Court · 1873
3Cited by40 opinions
- Colton v. StanfordCalifornia Supreme Court · 1890
- National Shawmut Bank v. JohnsonMassachusetts Supreme Judicial Court · 1945
- Stockton Combine Harvester & Agricultural Works v. Glen's Falls Co.California Supreme Court · 1893
- Windram v. FrenchMassachusetts Supreme Judicial Court · 1890
- Benjamin Foster Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1945
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