Bannister v. Alderman
Massachusetts Supreme Judicial Court
Tort. The declaration alleged that the defendant, to induce the plaintiff to purchase a promissory note for $2200 of the Metallic Compression Casting Company, indorsed by Jesse A. Locke, made certain specified false representations to the plaintiff as to the credit of said company and of Locke; that the plaintiff, induced by these representations, bought the note of the defendant ; that the representations were false, “ all which the defendant well knew;” and that the note…
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Tort. The declaration alleged that the defendant, to induce the plaintiff to purchase a promissory note for $2200 of the Metallic Compression Casting Company, indorsed by Jesse A. Locke, made certain specified false representations to the plaintiff as to the credit of said company and of Locke; that the plaintiff, induced by these representations, bought the note of the defendant ; that the representations were false, “ all which the defendant well knew;” and that the note was worthless. The answer denied the making of the representations. At the trial in this court, before Morton, J., the…
1Opinion of the CourtWells, J.
This case is like Fisher v. Mellen, 103 Mass. 503, in its substantial features. Both are in tort, for false representartion of facts susceptible of knowledge and made by the defendant as of his own knowledge. In both the declaration, after alleging the untruth of the statements relied on, proceeds to add “ all which the defendant well knew.” In both therefore the evidence offered by the defendant was within the issue as presented by the pleadings, and it did not appear that the plaintiff proposed to narrow the issue, or gave any notice that he intended to do so, until the defence was opened…
2Cases cited1 opinion
- Fisher v. MellenMassachusetts Supreme Judicial Court · 1870
3Cited by4 opinions
- Safford v. GroutMassachusetts Supreme Judicial Court · 1876
- Dorr v. Tremort National BankMassachusetts Supreme Judicial Court · 1880
- Perry v. BreedMassachusetts Supreme Judicial Court · 1875
- State v. FinniganOregon Supreme Court · 1916