Legal Opinion

Whiting v. Price

Massachusetts Supreme Judicial Court

Decided November 23, 1898PublishedCited by 57 opinions

Tort, against Edward R. Price and Arthur T. Parker, for false representations in the sale of a bond of the Jacksonville Electric Light Company. After the former decision, reported 169 Mass. 576, the case was tried in the Superior Court, before Richardson, J. The jury returned a verdict for the plaintiff; and the defendants alleged exceptions, which appear in the opinion.

1Opinion of the CourtHolmes, J.

This is an action for false representations, which has been before the court already upon a demurrer to the declaration. 169 Mass. 576. It now comes up upon exceptions taken at the trial.

The bond respecting which the representations were made stated that payment was “ secured by a first mortgage on all the property, rights, and franchises of said company (present and future acquired).” The representation proved was that the *241bond was secured by a mortgage of real estate of the value of half a million dollars. In fact, the company owned no real estate, and the bond was not secured by a mortgage…

2Cases cited13 opinions

  1. Slaughter's Administrator v. GersonSupreme Court of the United States · 1872
  2. Nash v. Minnesota Title Insurance & Trust Co.Massachusetts Supreme Judicial Court · 1895
  3. Morse v. HutchinsMassachusetts Supreme Judicial Court · 1869
  4. Hubbell v. . MeigsNew York Court of Appeals · 1872
  5. Long v. . WarrenNew York Court of Appeals · 1877

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3Cited by57 opinions

  1. Yorke v. TaylorMassachusetts Supreme Judicial Court · 1955
  2. Lowrie v. CastleMassachusetts Supreme Judicial Court · 1916
  3. National Bank of Commerce v. City of New BedfordMassachusetts Supreme Judicial Court · 1900
  4. Ginn v. AlmyMassachusetts Supreme Judicial Court · 1912
  5. Long v. Inhabitants of AtholMassachusetts Supreme Judicial Court · 1907

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