Cain v. Dickenson
Supreme Court of New Hampshire
Case, for deceit in the purchase of hay. Facts found by a referee. The defendant told the plaintiff he would purchase the hay if the plaintiff would trust him, to which the plaintiff replied that he would take his note for the hay if he would make it appear that he owned certain real and personal estate which the defendant then described and represented that he owned, but which he did not own.
Read the full summary
Case, for deceit in the purchase of hay. Facts found by a referee. The defendant told the plaintiff he would purchase the hay if the plaintiff would trust him, to which the plaintiff replied that he would take his note for the hay if he would make it appear that he owned certain real and personal estate which the defendant then described and represented that he owned, but which he did not own. The plaintiff, relying on the representations, which were false, took the defendant’s note, and he removed the hay. Subsequently the plaintiff demanded payment of the note, and the defendant paid $50 on…
1Opinion of the CourtStanley, J.
The finding of the referee establishes the fact that the plaintiff parted with his hay, and took the defendant’s note for it, relying upon the representations of the defendant as to his ability and means to pay it, which were false, and known by the defendant to be false, and which were made to induce the plaintiff to part with his property.
It is a principle of natural justice, recognized in the law, that fraud or deceit, accompanied with damage, is a good cause of action. Powers v. Hale, 25 N. H. 153; Newell v. Horn, 45 N. H. 422. If the purchase of goods on credit by fraudulently…
2Cases cited4 opinions
- Morrill v. HoveySupreme Court of New Hampshire · 1879
- Northumberland v. CobleighSupreme Court of New Hampshire · 1879
- Hobbs v. HobbsSupreme Court of New Hampshire · 1877
- Wood v. GarlandSupreme Court of New Hampshire · 1877