Nash v. Jewett
Supreme Court of Vermont
This was an action of trespass on the case, and was heard on general demurrer to the plaintiff’s declaration at the December Term, 1888, Taft, J., presiding. The demurrer was sustained .and the plaintiff excepted. The case appears in the opinion. The false representation was made prior to the contract and ■was no part of it. An action ex delicto may therefore be sustained.
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This was an action of trespass on the case, and was heard on general demurrer to the plaintiff’s declaration at the December Term, 1888, Taft, J., presiding. The demurrer was sustained .and the plaintiff excepted. The case appears in the opinion. The false representation was made prior to the contract and ■was no part of it. An action ex delicto may therefore be sustained. Fitts v. Hall, 9 N. H. 441; Towne v. Wiley, 23 Yt. 455. This false representation was a part of the contract,, hence the plea of infancy is a good bar. West v. Moore, 14 Vt. 447 ; JMorrill v. Aden, 19 Vt. 505 ; Gilson v.…
1Opinion of the Court
The opinion of the court was delivered by
Tyler, J.
The plaintiff brings this action against the defendant to recover the damages which he claims to have sustained in» consequence of the defendant having falsely and fraudulently represented to him that he was of the full age of twenty-one years, whereby the plaintiff was induced to sell the defendant-certain goods and merchandise and to take his promissory note therefor. The defendant pleads infancy, and the case comes to-this court on demurrer to the plea.
Oases involving substantially the same question that is here-presented have been decided…
2Cases cited5 opinions
- Charles Towne & Co. v. WileySupreme Court of Vermont · 1851
- Gilson v. SpearSupreme Court of Vermont · 1865
- West v. MooreSupreme Court of Vermont · 1842
- Morrill v. AdenSupreme Court of Vermont · 1847
- Doran v. SmithSupreme Court of Vermont · 1877
3Cited by5 opinions
- Sternlieb v. Normandie National Securities Corp.New York Court of Appeals · 1934
- Greensboro Morris Plan Co. v. PalmerSupreme Court of North Carolina · 1923
- Slayton v. BarryMassachusetts Supreme Judicial Court · 1900
- Caswell v. ParkerSupreme Judicial Court of Maine · 1901
- Greensboro Morris Plan Co. v. PalmerSupreme Court of North Carolina · 1923