Jordan v. Osgood
Massachusetts Supreme Judicial Court
Replevin of merchandise. At the trial in the superior court, before Beed, J., the plaintiffs, who were wholesale traders in dry goods, contended that the defendant, who was a retail trader, obtained the replevied goods, which they had sold and delivered to him on credit, by means of false and fraudulent representations to them as to his pecuniary condition, and also intending at thy time not to pay for them.
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Replevin of merchandise. At the trial in the superior court, before Beed, J., the plaintiffs, who were wholesale traders in dry goods, contended that the defendant, who was a retail trader, obtained the replevied goods, which they had sold and delivered to him on credit, by means of false and fraudulent representations to them as to his pecuniary condition, and also intending at thy time not to pay for them. The plaintiffs introduced evidence tending to show that on March 13,1869, upon their refusal to sell to the defendant upon credit, unless he would give them a statement of his pecuniary…
1Opinion of the Court
Mobtoít, J.
In this action the plaintiffs, having sold and delivered certain goods to the defendant, seek to rescind the sale upon the ground of fraud. They rely upon two grounds : first, that the defendant obtained the goods by false and fraudulent representations as to his pecuniary condition; and second, that he obtained them intending at the time not to pay for them. The representations alleged to have been made by the defendant were, that he had a capital of $6000 over and above his liabilities, that he had no overdue accounts unpaid, and was owing little borrowed money. At the trial, the…
2Cases cited1 opinion
- Adams v. CoulliardMassachusetts Supreme Judicial Court · 1869
3Cited by75 opinions
- Penn Mut. Life Ins. v. Mechanics' Savings Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1896
- Commonwealth v. GreenbergMassachusetts Supreme Judicial Court · 1959
- Commonwealth v. JacksonMassachusetts Supreme Judicial Court · 1882
- Commonwealth v. RobinsonMassachusetts Supreme Judicial Court · 1888
- Commonwealth v. MurphyMassachusetts Supreme Judicial Court · 1933
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