Connelly v. Brown
Supreme Court of New Hampshire
Case, for deceit in the sale of the furniture in a boarding-house. Trial before Peaslee, J., at the May term, 1904, of the superior court, and verdict for the defendant.
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Case, for deceit in the sale of the furniture in a boarding-house. Trial before Peaslee, J., at the May term, 1904, of the superior court, and verdict for the defendant. The plaintiff’s evidence tended to show that at the time of the sale the landlord was about to make changes in the premises oceiv pied by the defendant and had given her notice to quit, and that she deceived the plaintiff by representing that the latter could continue to occupy the premises in the event of a purchase. The defence was that there had been no notice to quit, and that the landlord desired to retain his tenant.…
1Opinion of the Court
•Bingham, J.
To maintain the action, proof was required that the defendant had made a false representation of a material fact, knowing it to be false, or having no knowledge or belief as to its truth, and that the plaintiff, in ignorance of its falsity, had relied upon it and been damaged. Springfield v. Drake, 58 N. H. 19, 21; Beach v. Bemis, 107 Mass. 498, 499.
As a defence to the action, it became important for the defendant to prove that when she made the representation she understood and believed it to be true. A circumstance tending to prove her belief -yvas the statement of the landlord,…
2Cases cited2 opinions
- French v. SmithSupreme Court of Vermont · 1827
- Beach v. BemisMassachusetts Supreme Judicial Court · 1871
3Cited by5 opinions
- Alexander v. Fujitsu Business Communication Systems, Inc.District Court, D. New Hampshire · 1993
- Caledonia, Inc. v. TrainorSupreme Court of New Hampshire · 1983
- Cobb v. MorrisonSupreme Court of New Hampshire · 1918
- Davis v. H. P. Cummings Construction Co.Supreme Court of New Hampshire · 1925
- Ferryall v. YouldenSupreme Court of New Hampshire · 1913