Burroughs v. Crichton
Court of Appeals for the D.C. Circuit
Hearing on an appeal from a judgment of the Supreme Court of the District of Columbia sustaining a demurrer to a declaration in an action of deceit. The facts are stated in the opinion. The first count in the declaration sets out all the essential elements in an action for deceit. Browning v. Bank, 13 App. D. 0. 14; Magruder v. Montgomery, 33 App. D. C. 133; Tyssowski v. F. H. Smith & Go. 35 App. D. C. 403; Cooper v. Schlesinger, 111 IT.
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Hearing on an appeal from a judgment of the Supreme Court of the District of Columbia sustaining a demurrer to a declaration in an action of deceit. The facts are stated in the opinion. The first count in the declaration sets out all the essential elements in an action for deceit. Browning v. Bank, 13 App. D. 0. 14; Magruder v. Montgomery, 33 App. D. C. 133; Tyssowski v. F. H. Smith & Go. 35 App. D. C. 403; Cooper v. Schlesinger, 111 IT. S. 148, 155; Stewart v. Wyoming Cattle llanch Co. 128 IT. 8. 383; Fenwick v. Grimes, 5 Cranch, C. C. 603; Darling v. Stuart, G3 Yt. 575. The prevailing rale…
1Opinion of the CourtJustice Bobb
Appeal from a judgment in the supreme court of the District sustaining a demurrer to appellant’s (James E. Burroughs) amended declaration.
In the first of the two counts of the declaration it is averred that the defendant, MacPherson Crichton, appellee here, with intent to deceive the plaintiff and obtain from the plaintiff certain fees, informed plaintiff, “as a fact and not as an opinion,” that plaintiff’s wife “whs affected with an ordinary benign tumor. * * * That the defendant well knew, as a skilled and experienced physician and surgeon, that the plaintiff’s wife was afflicted with…
2Cases cited3 opinions
- Pratt v. DavisIllinois Supreme Court · 1906
- State v. HousekeeperCourt of Appeals of Maryland · 1889
- Williams v. WescottSupreme Court of Iowa · 1889
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