Lord v. Colley
Superior Court of New Hampshire
This was an action on the case, for falsely representing Josiah Hobbs, Junior, to be a man of credit, whereby the plaintiff was induced to trust him and lost a sum of money. The cause was tried here, at January term, 1832, upon the general issue.
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This was an action on the case, for falsely representing Josiah Hobbs, Junior, to be a man of credit, whereby the plaintiff was induced to trust him and lost a sum of money. The cause was tried here, at January term, 1832, upon the general issue. It appeared, that the defendants made and delivered to Josiah Hobbs, Junior, a certificate, in the following words. ' “ This may certify, that Josiah Hobbs, Junior, is competent to pay the sum of $100 within any reasonable term of time, and we hereby recommend him as possessing credit to that extent. Mew field, April 10, 1829. G, L. SMITH, JOHN HObbS…
1Opinion of the CourtRichardson, C. J.
The question, in this case, is, whether the jury were misdirected in a matter of law.
It is well settled that an action of this kind cannot be sustained, unless the recommendation be both false and fraudulent. Recommendations are generally understood to be nothing more than the opinion of those who give them, resting upon common reputation, and the apparent circumstances of the individual recommended, and not upon any minute examination of his affairs. And it is well known that men, who are apparently in good credit, and in easy circumstances, turn out to be, in reality, insolvent. It is,…
2Cases cited1 opinion
- Chipman v. MartinNew York Supreme Court · 1816
3Cited by4 opinions
- Oxford Shipping Co., Ltd. v. New Hampshire Trading Corp., Oxford Shipping Co., Ltd. v. New Hampshire Trading Corp., Avon Trading Corp.Court of Appeals for the First Circuit · 1983
- Hanson v. EdgerlySuperior Court of New Hampshire · 1854
- Weiss-Lawrence, Inc. v. James Talcott, Inc.District Court, D. New Hampshire · 1975
- Spead v. TomlinsonSupreme Court of New Hampshire · 1904