Corey v. Boynton
Supreme Court of Vermont
Case for deceit. Plea, tbe general issue. Trial by jury at tbe April Term, 1908, "Windham County, Powers, J., presiding. 17 Yerdict and judgment for the plaintiff. The defendant excepted. The opinion states the case. The statement of defendant that plaintiff could get the money on the note at any time was the statement of a mere opinion, and must have been so understood.
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Case for deceit. Plea, tbe general issue. Trial by jury at tbe April Term, 1908, "Windham County, Powers, J., presiding. 17 Yerdict and judgment for the plaintiff. The defendant excepted. The opinion states the case. The statement of defendant that plaintiff could get the money on the note at any time was the statement of a mere opinion, and must have been so understood. Foster v. Hst. of Caldwell, 18 Yt. 176; Bond v. Clark, 35 Yt. 577; Allison v. Jack, 40 N. W. 811; 7 N. Y. Supp. 76. Such an opinion, honestly expressed, cannot constitute fraud. Shanks v. Whitney, 66 Yt. 405; Palmer v. Bell,…
1Opinion of the CourtKowell, C. J.
This is case for deceit in the exchange of a promissory note for the plaintiff’s horse. It appeared that one Unwin gave his promissory note to the defendant in 1893, on which the defendant recovered judgment for the full amount in 1900, and that subsequently Unydn gave the note in question to the defendant in satisfaction of the judgment. The plaintiff claimed that the defendant represented to him as an inducement to make the trade that Unwin owned a farm and quite a large stock of cattle in Grafton, and that the plaintiff could get the money on the note from Unwin whenever he sent for it or…
2Cases cited5 opinions
- Cabot v. ChristieSupreme Court of Vermont · 1869
- White v. WhiteSupreme Court of Vermont · 1896
- Farrar, Burt & Co. v. PowellSupreme Court of Vermont · 1899
- Town of Pawlet v. KelleySupreme Court of Vermont · 1897
- Flinn v. St. JohnSupreme Court of Vermont · 1879
3Cited by8 opinions
- Hunt v. LewisSupreme Court of Vermont · 1914
- Batchelder v. Birchard Motors, Inc.Supreme Court of Vermont · 1958
- Stevens v. BloodSupreme Court of Vermont · 1916
- Adams v. LadeauSupreme Court of Vermont · 1911
- Holbrook Grocery Co. v. ArmstrongSupreme Court of Vermont · 1923
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