Kilgore v. Bruce
Massachusetts Supreme Judicial Court
Contract, by Gustavus C. Kilgore and Everard A. Wilson, copartners as Kilgore and Wilson, upon a promissory note for $10,000, dated July 18, 1892, payable in one year after date to the plaintiffs, and signed by the defendant. The answer alleged that the note was given in part payment for fifty shares of stock in the Dana Sarsaparilla Company; and that the purchase of such shares was induced by the false and fraudulent representations of the plaintiffs.
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Contract, by Gustavus C. Kilgore and Everard A. Wilson, copartners as Kilgore and Wilson, upon a promissory note for $10,000, dated July 18, 1892, payable in one year after date to the plaintiffs, and signed by the defendant. The answer alleged that the note was given in part payment for fifty shares of stock in the Dana Sarsaparilla Company; and that the purchase of such shares was induced by the false and fraudulent representations of the plaintiffs. Trial in the Superior Court, without a jury, before Sheldon, J., who found for the defendant, and reported the case for the determination of…
1Opinion of the Court
Allen J.
The plaintiffs contend, in the first place, that the alleged misrepresentations were not available in defence, because they were merely promissory in their character, and because they amounted to no mpre than dealers’ talk, which the law cannot take notice of.
According to the report, the plaintiff Kilgore had all of the shares of the company in his hands for sale, and was negotiating at the same time with the defendant, with West, and with Whitney, to sell a part of them to each. He told the defendant that all the stock should be sold or none; and falsely and fraudulently represented…
2Cases cited16 opinions
- Nash v. Minnesota Title Insurance & Trust Co.Massachusetts Supreme Judicial Court · 1895
- Dawe v. MorrisMassachusetts Supreme Judicial Court · 1889
- Morse v. HutchinsMassachusetts Supreme Judicial Court · 1869
- Knappen v. FreemanSupreme Court of Minnesota · 1891
- Fairchild v. . McMahonNew York Court of Appeals · 1893
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3Cited by35 opinions
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- Mabardy v. McHughMassachusetts Supreme Judicial Court · 1909
- Reggio v. WarrenMassachusetts Supreme Judicial Court · 1911
- Rice v. PriceMassachusetts Supreme Judicial Court · 1960
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