Legal Opinion

Newton v. Brown

Supreme Court of Vermont

Decided August 15, 1876PublishedCited by 10 opinions

Case for conspiracy to defraud the plaintiff by selling him a sick cow. Plea, the general issue, and trial by jury, March Term, 1876, Redfield, J., presiding; The declaration alleged that the defendants, at, &c., on, &c., conspired and combined to cheat and swindle the plaintiff out of a large sum of money, to wit, Ac., by fraudulently representing to the plaintiff that a certain cow that the said, &c., then owned, was a sound, well cow, all right in all respects and a good…

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Case for conspiracy to defraud the plaintiff by selling him a sick cow. Plea, the general issue, and trial by jury, March Term, 1876, Redfield, J., presiding; The declaration alleged that the defendants, at, &c., on, &c., conspired and combined to cheat and swindle the plaintiff out of a large sum of money, to wit, Ac., by fraudulently representing to the plaintiff that a certain cow that the said, &c., then owned, was a sound, well cow, all right in all respects and a good milker; that by such false and fraudulent representations the defendants induced the plaintiff to purchase said cow at…

1Opinion of the Court

The opinion of the court was delivered by

Ross, J.

I. It was an essential part of the plaintiff’s case, to establish that at the time defendant Brown recommended the cow to him, Brown knew of her diseased condition. Without showing that Brown was possessed of such knowledge, his claim that Brown’s recommendation was fraudulent would fail. The testimony of Tewksbury, to the admission of which the defendant excepted, tended to establish that Brown was fully aware of the diseased and worthless condition of the cow at the time he recommended her to the plaintiff, and advised him to make the…

2Cases cited2 opinions

  1. Gates v. BowkerSupreme Court of Vermont · 1843
  2. Lincoln v. BlanchardSupreme Court of Vermont · 1845

3Cited by10 opinions

  1. Johnson v. Hardware Mutual Casualty Co.Supreme Court of Vermont · 1938
  2. Lincoln v. Central Vermont Railway Co.Supreme Court of Vermont · 1909
  3. Temple Et Ux. v. AtwoodSupreme Court of Vermont · 1926
  4. Sowles v. CarrSupreme Court of Vermont · 1897
  5. Barrette v. CarrSupreme Court of Vermont · 1903

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