Bradley v. Fuller
Massachusetts Supreme Judicial Court
Tort for fraudulent oral representations and conspiracy. The declaration contained three counts, the substance of which appears in the opinion. The defendant demurred, on the ground that the declaration did not state a legal cause of action. The Superior Court sustained the demurrer, and ordered judgment for the defendant, and the plaintiff appealed.
1Opinion of the CourtColt, J.
The material allegations of the first count now relied on are that the defendant orally represented to the plaintiff that a corporation, of which he was treasurer, and whose overdue note the plaintiff then held, owed no other debts and had no attachments upon its property ; that this representation was fraudulently and falsely made for the purpose of inducing the plaintiff not to commence suit upon his note until the corporate property could be placed beyond the reach of attachment by the plaintiff: that all the property of the company was afterwards attached and sold on execution upon…
2Cited by40 opinions
- Chipley v. AtkinsonSupreme Court of Florida · 1887
- Dawe v. MorrisMassachusetts Supreme Judicial Court · 1889
- von Au v. MagenheimerAppellate Division of the Supreme Court of the State of New York · 1908
- Raymond v. BlancgrassMontana Supreme Court · 1908
- Rothmiller v. . SteinNew York Court of Appeals · 1894
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