Milliken v. Thorndike
Massachusetts Supreme Judicial Court
Contract to recover rent of a store on Congress Street in Boston, under the covenants in an indenture of lease dated Oc> tober 1,1867, by which the premises were demised by the plaintiff to the defendants. The answer denied that the defendants had executed the indenture, and alleged that, if they had done so, they had been induced thereto by the false and fraudulent representations of the plaintiff.
Read the full summary
Contract to recover rent of a store on Congress Street in Boston, under the covenants in an indenture of lease dated Oc> tober 1,1867, by which the premises were demised by the plaintiff to the defendants. The answer denied that the defendants had executed the indenture, and alleged that, if they had done so, they had been induced thereto by the false and fraudulent representations of the plaintiff. Trial in the superior court, before Morion, J., who, after a verdict for the defendants, allowed a bill of exceptions, of which the material part was as follows: “ The plaintiff proved the…
1Opinion of the CourtColt, J.
The defence relied on in this case is fraud, and the conversation had at the time the lease was executed- was admissible upon the issue raised.
The jury have found that the defendants were induced to sign the lease by a false representation, made by the plaintiff, of a material fact, which he either knew was false when he made it, or positively affirmed as of his own knowledge. It is objected that the evidence did not justify this finding, because it is apparent, from the subject matter, that the representation made was intended, and should have been understood by the defendants, as only an…
2Cases cited2 opinions
- Whitney v. AllaireNew York Supreme Court · 1847
- Mershon v. CommonwealthCourt of Appeals of Kentucky · 1859
3Cited by27 opinions
- Chatham Furnace Co. v. MoffattMassachusetts Supreme Judicial Court · 1888
- Nash v. Minnesota Title Insurance & Trust Co.Massachusetts Supreme Judicial Court · 1895
- Powell v. RasmussenMassachusetts Supreme Judicial Court · 1969
- Litchfield v. HutchinsonMassachusetts Supreme Judicial Court · 1875
- Safford v. GroutMassachusetts Supreme Judicial Court · 1876
22 more not listed; retrieve them via the Exa API.