Cooper v. Lovering
Massachusetts Supreme Judicial Court
Contract on a promissory note, given by the defendant to the plaintiff. Answer, that the note was given for the purchase of oil property, so called, in Pennsylvania, concerning which the plaintiff had made fraudulent representations.
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Contract on a promissory note, given by the defendant to the plaintiff. Answer, that the note was given for the purchase of oil property, so called, in Pennsylvania, concerning which the plaintiff had made fraudulent representations. At the trial in the superior court, before Reed, J., the evidence tended to show “ that the plaintiff, who had never himself been to the oil regions, employed his brother, who was going from Boston to St. Louis, where he resided, to stop, on his way, among the oil lands of Pennsylvania, and, if he found anything valuable, to inform him thereof; that the plaintiff…
1Opinion of the CourtAmes, J.
In order to make out the charge of deceit, whether in support of aii action or as a ground of defence, it is generally *79necessary to show a misrepresentation, by the party charged, of a material fact, not within the observation of the other party, the person making the representation either knowing it not to be true, or having no knowledge on the subject and making it with utter disregard to its truth or falsity. Small v. Atwood, Younge, 407, 461. Brown v. Castles, 11 Cush. 348. Stone v. Denny, 4 Met. 151. It has been repeatedly decided that representations of a vendor as to the value or cost…
2Cases cited2 opinions
- Mooney v. MillerMassachusetts Supreme Judicial Court · 1869
- Steadman v. GuthrieCourt of Appeals of Kentucky · 1862
3Cited by17 opinions
- Dillman v. NadlehofferIllinois Supreme Court · 1886
- Hanson v. KlineSupreme Court of Iowa · 1907
- Gassett v. GlazierMassachusetts Supreme Judicial Court · 1896
- Dorr v. CorySupreme Court of Iowa · 1899
- Kabatchnick v. Hanover-Elm Building Corp.Massachusetts Supreme Judicial Court · 1952
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