Chatham Furnace Co. v. Moffatt
Massachusetts Supreme Judicial Court
Tort for false and fraudulent representations made by the defendant, whereby the plaintiff was induced to take a lease of a mine, and to purchase certain mining machinery. Trial in the Superior Court, without a jury, before Barker, J., who refused to give certain rulings requested by the defendant, and found for the plaintiff, assessing his damages at a certain sum for the depreciation in value of the lease, because of such representations.
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Tort for false and fraudulent representations made by the defendant, whereby the plaintiff was induced to take a lease of a mine, and to purchase certain mining machinery. Trial in the Superior Court, without a jury, before Barker, J., who refused to give certain rulings requested by the defendant, and found for the plaintiff, assessing his damages at a certain sum for the depreciation in value of the lease, because of such representations. The defendant subsequently requested the judge to state specifically the facts considered by him in estimating such depreciation, but at the trial did not…
1Opinion of the CourtC. Allen, J.
It is well settled in this Commonwealth that the charge of fraudulent intent, in an action for deceit, may be maintained by proof of a statement made, as of the party’s own knowledge, which is false, provided the thing stated is not merely a matter of opinion, estimate, or judgment, but is susceptible of actual knowledge ; and in such case it is not necessary to make any further proof of an actual intent to deceive. The fraud consists in stating that the party knows the thing to exist, when he does not know it to exist; and if he does not know it to exist, he must ordinarily be deemed to know…
2Cases cited9 opinions
- Cooper v. SchlesingerSupreme Court of the United States · 1884
- Litchfield v. HutchinsonMassachusetts Supreme Judicial Court · 1875
- Fisher v. MellenMassachusetts Supreme Judicial Court · 1870
- Steadman v. GuthrieCourt of Appeals of Kentucky · 1862
- Mershon v. CommonwealthCourt of Appeals of Kentucky · 1859
4 more not listed; retrieve them via the Exa API.
3Cited by100 opinions
- Ultramares Corp. v. ToucheNew York Court of Appeals · 1931
- Zimmerman v. KentMassachusetts Appeals Court · 1991
- Putnam Resources v. Ronald M. Pateman, Ronald M. Pateman v. Frenkel & Company, Inc.Court of Appeals for the First Circuit · 1992
- Russell v. Cooley Dickinson Hospital, Inc.Massachusetts Supreme Judicial Court · 2002
- Nota Construction Corp. v. Keyes Associates, Inc.Massachusetts Appeals Court · 1998
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