Gurney v. Tenney
Massachusetts Supreme Judicial Court
Tort for deceit. Writ in the Superior Court for the county of Middlesex dated September 9, 1903. There were three defendants, Tenney, Conant and Robinson.
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Tort for deceit. Writ in the Superior Court for the county of Middlesex dated September 9, 1903. There were three defendants, Tenney, Conant and Robinson. The declaration alleged that the plaintiff went to Conant, who held herself out as a “spiritualist medium” and represented to the plaintiff that she could tell her what she would do in the future in business which would add to her comfort and fortune in a financial way; that, in the course of a number of interviews and “ readings,” Conant volunteered to make and did make to the plaintiff certain representations of facts regarding a “very…
1Opinion of the CourtBraley, J.
The allegations of conspiracy in the closing paragraph of the declaration are not the gist of the action, as the right to recover rests upon the damage wrongfully inflicted upon the plaintiff by the tortious acts of the defendants. Parker v. Huntington, 2 Gray, 124. While it does not appear that the representations of one defendant more than those of another influenced the plaintiff, yet the ease is before us on the exceptions of Tenney alone, and if the representations made by him were actionable, the plaintiff would be entitled to recover quite apart from any joint plan to defraud. In his…
2Cases cited12 opinions
- Whiting v. PriceMassachusetts Supreme Judicial Court · 1898
- Commonwealth v. ScottMassachusetts Supreme Judicial Court · 1877
- Andrews v. JacksonMassachusetts Supreme Judicial Court · 1897
- Graham v. MiddlebyMassachusetts Supreme Judicial Court · 1904
- Wagner v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905
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3Cited by44 opinions
- Kurker v. HellMassachusetts Appeals Court · 1998
- Bates v. SouthgateMassachusetts Supreme Judicial Court · 1941
- Taylor v. American Chemistry CouncilCourt of Appeals for the First Circuit · 2009
- Commonwealth v. MosesMassachusetts Supreme Judicial Court · 1990
- Commonwealth v. StasiunMassachusetts Supreme Judicial Court · 1965
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