Slaughter's Administrator v. Gerson
Supreme Court of the United States
Appeal from the Circuit Court for tbe District of Maryland. This was a suit in equity to enforce the lien of two mortgages upon two steamers.
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Appeal from the Circuit Court for tbe District of Maryland. This was a suit in equity to enforce the lien of two mortgages upon two steamers. The case was thus: On the 12th of July, 1864, one Slaughter, since deceased, purchased of the complainant, Gerson, a steamboat named the George Law, for the consideration of $40,000. Of this sum he paid $15,000 in cash, and for the balance gave to Gerson his bond, conditioned to pay the same in two instalments of $12,500 each in three and six months thereafter. To secure the payment of these sums he at the same time executed to Gerson two mortgages, one…
1Opinion of the CourtJustice Field
A large amount of evidence was taken in this case bearing upon the averments in the answer of misrepresentation and fraud on the part of the complainant; and it is, in many respects conflicting. But the rules of law applicable to cases of alleged misrepresentation by a vendor with respect to property sold are well settled, and render of easy solution the questions upon which this case must turn.
The misrepresentation which will vitiate a contract of sale, and prevent a court of equity from aiding its enforcement, must not only relate to a material matter constituting an inducement to the…
2Cited by154 opinions
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- Bobby Watts, M.D. v. John H. Burkhart, M.D., Howard R. Foreman, M.D., Alvin J. Ingram, M.D., I. Lee Arnold, M.D., and Duane C. Budd, M.D.Court of Appeals for the Sixth Circuit · 1992
- Farnsworth v. DuffnerSupreme Court of the United States · 1891
- Long v. Inhabitants of AtholMassachusetts Supreme Judicial Court · 1907
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