Dyer v. Tilton
Supreme Court of Vermont
Trespass on the Case. The plaintiff alleged, in the first count in his declaration, that he was an inn-keeper, and was requested by the defendant to board him and his family; that the plaintiff, being ignorant of the circumstances of the defendant, applied to him for information in reference thereto, and the defendant falsely and fraudulently represented to the plaintiff, that he was possessed and the owner of a bank bill for $100,00, and of another bank bill for $20,00, and…
Read the full summary
Trespass on the Case. The plaintiff alleged, in the first count in his declaration, that he was an inn-keeper, and was requested by the defendant to board him and his family; that the plaintiff, being ignorant of the circumstances of the defendant, applied to him for information in reference thereto, and the defendant falsely and fraudulently represented to the plaintiff, that he was possessed and the owner of a bank bill for $100,00, and of another bank bill for $20,00, and that one Pratt was indebted to him, and that he could at any time obtain the money from Pratt to pay the plaintiff for…
1Opinion of the Court
By the Court.
This is a question, no doubt, of great practical importance, — surely so, if the action were to be adopted. For it would, in effect, open the field to subject almost every debtor, who failed to pay his debt, to an action of deceit and a close jail execution. And the temptation, which the allowing such a remedy would afford to disappointed creditors to convert all matters of contract into torts for the purpose of obtaining more effectual redress, would and we think ought to induce us to proceed with extreme caution. The consideration, too, that no precedent for any such case can…
2Cited by13 opinions
- Hunt v. LewisSupreme Court of Vermont · 1914
- Poor v. WoodburnSupreme Court of Vermont · 1853
- Palmer v. PrestonSupreme Court of Vermont · 1872
- Oben v. AdamsSupreme Court of Vermont · 1915
- Childs v. MerrillSupreme Court of Vermont · 1891
8 more not listed; retrieve them via the Exa API.