Sherwood v. Sutton
U.S. Circuit Court for the District of New Hampshire
Case for fraud and deceit in the sale of a vessel. There were five counts in the declaration. The fifth, which was mainly relied on at the trial, was in substance as follows: That the defendant [Richard Sutton), on the 13th of October, 1816, at St. Barts in the West Indies, having procured a certain foreign vessel or brig, not British built, &c. nor having a British register, &c., and having fraudulently procured a certain colourable paper purporting to be a British register…
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Case for fraud and deceit in the sale of a vessel. There were five counts in the declaration. The fifth, which was mainly relied on at the trial, was in substance as follows: That the defendant [Richard Sutton), on the 13th of October, 1816, at St. Barts in the West Indies, having procured a certain foreign vessel or brig, not British built, &c. nor having a British register, &c., and having fraudulently procured a certain colourable paper purporting to be a British register of said brig, therein called the Anna, and in said register representing and setting forth one William Hillyer as a…
1Opinion of the CourtStory, Circuit Justice
(charging jury). Upon the issue joined between the parties upon the statute of limitations, the real question is, whether the fraud of the plaintiff alleged in the declaration was concealed by the defendant, so that it never came to the knowledge of the plaintiff until within six years before the commencement of this suit. There is no pretence, that either Hillyer, or the defendant himself, ever communicated the facts to the plaintiff, or to any other persons, so that they could be publickly known or communicated to the plaintiff at an earlier period. Under such circumstances the jury must…
2Cited by3 opinions
- Morse v. HutchinsMassachusetts Supreme Judicial Court · 1869
- Whitney v. . AllaireNew York Court of Appeals · 1848
- McAroy v. WrightIndiana Supreme Court · 1865