Benton v. Pratt
New York Supreme Court
This was an action on the case, tried at the Madison circuit, in September, 1827, before the Hon. Nathan Williams, one of the circuit judges. In August, 1824, Seagraves and Wilson, of Allentown, in the state of Pennsylvania, by a verbal arrangement, agreed to purchase of the plaintiff 200 hogs and pay him the market price, provided he delivered them within three or four weeks and they had not been previously supplied.
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This was an action on the case, tried at the Madison circuit, in September, 1827, before the Hon. Nathan Williams, one of the circuit judges. In August, 1824, Seagraves and Wilson, of Allentown, in the state of Pennsylvania, by a verbal arrangement, agreed to purchase of the plaintiff 200 hogs and pay him the market price, provided he delivered them within three or four weeks and they had not been previously supplied. About the time for the delivery of the hogs, the plaintiff was proceeding with a drove of upwards of 500 to Allentown, and was overtaken on the road about 70 miles from…
1Opinion of the Court
By the Court, Sutherland, J.
If the allegations in either of the counts in the declaration are true, the plaintiff has clearly sustained an essential injury from the act of the *389defendants, which he alleges was done fraudulently and with the intent to injure him; and, upon principle, the law ought to afford him redress. The doctrines maintained by the judge in Parley v. Freeman, (3 T. R. 51,) appear to me abundantly to sustain this action. That, it will be recollected, was the case of a false affirmation made by the defendant, in relation to the credit and responsibility of one Falch, whereby…
2Cited by58 opinions
- Angle v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of the United States · 1894
- Walker v. CroninMassachusetts Supreme Judicial Court · 1871
- Rich v. New York Central & Hudson River RailroadNew York Court of Appeals · 1882
- NUDD v. Burrows, AssigneeSupreme Court of the United States · 1875
- Lamb v. S. Cheney & SonNew York Court of Appeals · 1920
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