James v. Hodsden
Supreme Court of Vermont
General assumpsit to recover back the consideration paid for an interest in an invention or right to procure a patent for an improved knitting-machine needle. Plea, the general issue; trial by jury and verdict for the plaintiff, February term, 1874, Orleans county, Peck, J., presiding.
Read the full summary
General assumpsit to recover back the consideration paid for an interest in an invention or right to procure a patent for an improved knitting-machine needle. Plea, the general issue; trial by jury and verdict for the plaintiff, February term, 1874, Orleans county, Peck, J., presiding. The writ was dated November 22, 1871. The plaintiff’s evidence tended to show, that on the 27th of August, 1871, the plaintiff and defendant joined on equal terms in purchasing the invention in question of one Timothy J. House, who claimed to be the inventor thereof; that in the negotiations to bring about the…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
This action is to recover the consideration paid for an interest in a certain invention or right to procure a patent *136for an improved knitting-needle. The theory of the case is, that the sale was induced by fraud ; that the property is worthless; and that the consideration has entirely failed.
I. There seems no doubt that general assumpsit lies to recover the consideration paid for the purchase of property, where the sale is avoided for fraud, or where the consideration entirely fails. Loomis v. Wainwright, 21 Vt. 520; C. P. R. R. Co. v.…
2Cases cited2 opinions
- Connecticut & Passumpsic Rivers Railroad v. NewellSupreme Court of Vermont · 1858
- Loomis v. WainwrightSupreme Court of Vermont · 1848
3Cited by11 opinions
- Stockton Combine Harvester & Agricultural Works v. Glen's Falls Co.California Supreme Court · 1893
- Cahn v. ReidMissouri Court of Appeals · 1885
- Shaw v. GilbertWisconsin Supreme Court · 1901
- Marshall v. GilmanSupreme Court of Minnesota · 1892
- McBeth v. CraddockMissouri Court of Appeals · 1887
6 more not listed; retrieve them via the Exa API.