Dorr v. Munsell
New York Supreme Court
THIS was an action of debt on a bond in the penalty of 400 dollars, dated the 21st ’September, 1810. ■ The defendant craved oyer, arid set forth the condition of the bond, which was for the payment of three sums, each of 66 dollars and 67 cents, in one, two, and three years, from the date; and then pleaded. 1. Non ^ , ’ , • ? est factum* 2. lhat the bond was fraudulently obtained by 47 4 , # > « Pontiff, by represehting-hirnself to be the original inventor and patentee of an…
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THIS was an action of debt on a bond in the penalty of 400 dollars, dated the 21st ’September, 1810. ■ The defendant craved oyer, arid set forth the condition of the bond, which was for the payment of three sums, each of 66 dollars and 67 cents, in one, two, and three years, from the date; and then pleaded. 1. Non ^ , ’ , • ? est factum* 2. lhat the bond was fraudulently obtained by 47 4 , # > « Pontiff, by represehting-hirnself to be the original inventor and patentee of an improvement in a- machine for shearing cloth, containing a new mode' and principle of drawing and moving the cloth in…
1Opinion of the CourtSpencer, J.
The plea demurred to is bad. It sets up a fraudulent representation of the plaintiff’s patent right; an.d, in substance, it is a denial of any consideration for the botfd. At law, the defendant cannot avoid a solemn deed on the ground of a want of consideration. That inquiry is precluded by the very nature of the instrument. The case of Vroman v. Phelps, (2 Johns. Rep. 177.,) is directly in point, that a fraudulent representation of the quality and value of the thing sold forms no defence in a suit on a specialty.
In some of the elementary writers, it is stated that fraud may be given in…
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- Jackson ex dem. Church v. HillsNew York Supreme Court · 1828
- Dale v. RooseveltCourt for the Trial of Impeachments and Correction of Errors · 1827
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