Abbott v. Treat
Supreme Judicial Court of Maine
ON REPORT. Bill in equity brought to cancel a certain bond given by the plaintiffs to the defendant, March 5, 1884. The opinion states the essential facts. The action of trespass referred to in the opinion was before the law court and was reported in 75 Maine, 594 (Matthews v. Treat). When the bond was given Treat could not have maintained an action against Abbott for breach of warranty because he had not then been damnified.
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ON REPORT. Bill in equity brought to cancel a certain bond given by the plaintiffs to the defendant, March 5, 1884. The opinion states the essential facts. The action of trespass referred to in the opinion was before the law court and was reported in 75 Maine, 594 (Matthews v. Treat). When the bond was given Treat could not have maintained an action against Abbott for breach of warranty because he had not then been damnified. Wheeler v. Bolder, 3 Cush. 224; Emer-sore v. Minot, 1 Mass. 464 ; Montgomery v. Reed, 69 Maine. 515. Then again the essence of Matthews’ action against Treat was an…
1Opinion of the Court
Foster, J. '
It is unnecessary in this case to consider how far equity extends its jurisdiction for the cancellation of written instruments obtained by fraud. From a very careful examination of the evidence we are satisfied that there was no such fraud as would justify the intervention of a court of equity, and for that reason the bill cannot be sustained. Divested of all legal verbiage, the bill alleges that the defendant falsely and knowingly represented to the plaintiff that he, the plaintiff, was liable upon his covenants in a certain deed, given by the plaintiff *123to the defendant, to pay…
2Cases cited1 opinion
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