Rowell v. Ricker
Supreme Court of Vermont
Case for deceit. Pleas, the general issue, and a special plea of defendant’s discharge in bankruptcy. Heard on plaintiff’s demurrer to said special plea at the December Term, 1906, Orange County, Waterman, J. presiding. Demurrer sustained, and plea adjudged insufficient. The defendant excepted. Cause passed to the Supreme Court before trial on the merits. The opinion fully states the case.
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Case for deceit. Pleas, the general issue, and a special plea of defendant’s discharge in bankruptcy. Heard on plaintiff’s demurrer to said special plea at the December Term, 1906, Orange County, Waterman, J. presiding. Demurrer sustained, and plea adjudged insufficient. The defendant excepted. Cause passed to the Supreme Court before trial on the merits. The opinion fully states the case. A false statement as to what one will do in the future does not warrant a rescission for fraud. Benjamin, Sales, 470; Cohn v. B'roadhead, 51 Neb. 834; Perkins v. Lougee, 6 Neb. 220 j Dome v. Morris, 149…
1Opinion of the Court
Tyuír, J.
It is alleged in the amended count that the defendant, on December 19, 1904, at Randolph, sought to buy of the plaintiff a large number of sheep of the value of twelve hundred dollars; that the plaintiff refused to sell them to him unless he then and there paid for them the sum named, — that the plaintiff refused to trust the defendant. It is further alleged that the defendant then and there falsely, fraudulently, and deceitfully represented to- the plaintiff that one Hollis of Boston, Massachusetts, had mailed to him a check for fifteen hundred dollars, given by the New England…
2Cases cited6 opinions
- Neal v. ClarkSupreme Court of the United States · 1878
- Forsyth v. VehmeyerSupreme Court of the United States · 1900
- Ames v. MoirSupreme Court of the United States · 1891
- Darling v. WoodwardSupreme Court of Vermont · 1881
- Childs v. MerrillSupreme Court of Vermont · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Strauch v. FlynnSupreme Court of Minnesota · 1909
- Hancock v. BlumentrittCourt of Appeals of Texas · 1925
- Kennett v. TudorSupreme Court of Vermont · 1916