Fisher v. Mellen
Massachusetts Supreme Judicial Court
Tort. The declaration alleged that the “defendant represented that he was the owner of one third share of the Winthrop Petroleum Mining Company,” and being desirous of selling his interest in said company, contriving and intending to deceive, defraud and injure the plaintiff, falsely and fraudulently made certain specified representations as to the land and property of the company; that the plaintiff, confiding in these representations, paid the defendant §1000 for “ the…
Read the full summary
Tort. The declaration alleged that the “defendant represented that he was the owner of one third share of the Winthrop Petroleum Mining Company,” and being desirous of selling his interest in said company, contriving and intending to deceive, defraud and injure the plaintiff, falsely and fraudulently made certain specified representations as to the land and property of the company; that the plaintiff, confiding in these representations, paid the defendant §1000 for “ the said one third share” of the company; and that said representations were false and “ said one third share ” of no value to…
1Opinion of the CourtWells, J.
1. Upon the instructions given and refused, the question raised by these exceptions is, whether it was incumbent upon the plaintiff to prove that the share of stock which he was induced to take and pay for belonged to the defendant, and was sold by him to the plaintiff. As a question upon the pleadings, this cannot be necessary in order to avoid a variance. The declaration does not allege that the defendant was the owner, but only that he represented himself to be the owner. It is equally well adapted to a sale of stock of which the defendant was the owner, or of stock which he did not own,…
2Cases cited3 opinions
- Steadman v. GuthrieCourt of Appeals of Kentucky · 1862
- Mershon v. CommonwealthCourt of Appeals of Kentucky · 1859
- Commonwealth v. Van TuylCourt of Appeals of Kentucky · 1858
3Cited by38 opinions
- Labbe v. CorbettTexas Supreme Court · 1888
- Crislip v. CainWest Virginia Supreme Court · 1882
- Chatham Furnace Co. v. MoffattMassachusetts Supreme Judicial Court · 1888
- Nash v. Minnesota Title Insurance & Trust Co.Massachusetts Supreme Judicial Court · 1895
- Schwarzbach v. Ohio Valley Protective UnionWest Virginia Supreme Court · 1885
33 more not listed; retrieve them via the Exa API.