Syracuse Knitting Co. v. Blanchard
Supreme Court of New Hampshire
Replevin, for a lot of underwear. Pacts found by the court. One Crapo, a retail dry-goods dealer in Concord, who had previously purchased goods of the plaintiffs for which he had not paid promptly, wrote them, August 16, 1894, as follows: “ Was your experience with me last fall sufficient, or do you care to sell me again this season ? I can safely promise you that our dealings, if you wish to continue them, will be more satisfactory than last season.
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Replevin, for a lot of underwear. Pacts found by the court. One Crapo, a retail dry-goods dealer in Concord, who had previously purchased goods of the plaintiffs for which he had not paid promptly, wrote them, August 16, 1894, as follows: “ Was your experience with me last fall sufficient, or do you care to sell me again this season ? I can safely promise you that our dealings, if you wish to continue them, will be more satisfactory than last season. I shall have in November $4,000 extra capital, and I trust my experience will count for something in preventing me from ever getting in the same…
1Opinion of the CourtChase, J.
This action is based on the theory that the title to the goods in question never passed from the plaintiffs to Crapo because of his fraud in effecting the alleged contract of sale. To establish the fraud, the plaintiffs rely upon Crapo’s false representation in the letter of August 16 and his suppression of' facts concerning his financial condition. The question here is-not whether fraud may be properly inferred from these circumstances, as a matter of fact, but whether there is anything in them which constitutes fraud as a matter of law.
1. The only false representation contained in the…
2Cases cited19 opinions
- Morris v. . TalcottNew York Court of Appeals · 1884
- Thompson v. RoseSupreme Court of Connecticut · 1844
- Hotchkin v. Third National BankNew York Court of Appeals · 1891
- Edelhoff & Rinke v. Horner-Miller Mfg. Co.Court of Appeals of Maryland · 1898
- Morse v. ShawMassachusetts Supreme Judicial Court · 1878
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3Cited by3 opinions
- Gitterman & Co. v. Lynn Modern Shoe Co.Supreme Court of New Hampshire · 1935
- Kalik v. Abacus ExchangeDistrict Court, D. New Hampshire · 2001
- Spead v. TomlinsonSupreme Court of New Hampshire · 1904