Masson v. Bovet
Court for the Trial of Impeachments and Correction of Errors
Error to the recorder’s court of the city of Buffalo. Bovet sued Masson in the court below in replevin, in the detinet, for a promissory note, which he claimed to be his property. Plea, non detinet. The defendant was summoned, but the property was not delivered on the writ of replevin.
Read the full summary
Error to the recorder’s court of the city of Buffalo. Bovet sued Masson in the court below in replevin, in the detinet, for a promissory note, which he claimed to be his property. Plea, non detinet. The defendant was summoned, but the property was not delivered on the writ of replevin. It was proved that in December, 1842, the defendant having a judgment in his favor against one Hyre, and an execution thereon in the hands of the sheriff of Erie county, procured a sale to be made of the right and title of Hyre to one hundred acres of land in Amherst, in that county; that the plaintiff, being…
1Opinion of the Court
By the Court, Beardsley, J.
Upon the evidence as detailed in the bill of exceptions, there is little room to doubt that the plaintiff was imposed upon and defrauded. The charge of the recorder placed the cause before the jury on its true ground in point of morality. They have found that the plaintiff was induced to purchase the land, by the defendant’s representations and assurances; that these were false and fraudulent; that the purchase was made without knowledge of their falsity; and thus the plaintiff was deprived of his property.
It would be a scandal to the law of any country, if it…
2Cited by154 opinions
- Baird v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Hammond v. . PennockNew York Court of Appeals · 1874
- Schank v. . SchuchmanNew York Court of Appeals · 1914
- Cobb v. . HatfieldNew York Court of Appeals · 1871
- Och v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1895
149 more not listed; retrieve them via the Exa API.