Peck v. Bacon
Supreme Court of Connecticut
This was an action on the case for fraud in the sale of certain patent-rights for an undivided fourth part of the states of Mississippi and Tennessee. The declaration originally contained three counts. It will be sufficient for the present purpose, to stale the first, and that in a form somewhat condensed.
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This was an action on the case for fraud in the sale of certain patent-rights for an undivided fourth part of the states of Mississippi and Tennessee. The declaration originally contained three counts. It will be sufficient for the present purpose, to stale the first, and that in a form somewhat condensed. The plaintiff declared, That on the 26th of July 1841, he, at the special instance and request of the defendant, bargained with him, to purchase of him the right and privilege of making, using, constructing and vending to others to be used, an alleged invention or improvement, called…
1Opinion of the CourtEllsworth, J.
The first question is, as to the propriety of the amendment, made by inserting the fourth count. Some, if not each of the other counts, set forth substantially the same ground of action, — the same injury, — the same complaint,— viz. fraud in the sale of a certain patent-right for an undivided fourth part of the states of Mississippi and Tennessee, excepting eighteen counties in the latter state. The new count contains only a further and more minute statement of the manner and extent of the injury. If authorities were wanted to sustain the amendment, the following are decisive. Prior v. Duke…
2Cases cited2 opinions
- Phillips v. BridgeMassachusetts Supreme Judicial Court · 1814
- Cuminge v. RawsonMassachusetts Supreme Judicial Court · 1811
3Cited by2 opinions
- Goodyear v. Union India Rubber Co.U.S. Circuit Court for the District of Southern New York · 1857
- Howland v. CouchSupreme Court of Connecticut · 1875