Carusi v. Savary
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the defendant from a decree vacating and annulling two deeds of real estate. The Court in its opinion stated the case as follows: The appellee, John Savary, was the owner of two adjacent lots of ground in square No. 71, in the city of Washington, with dwelling houses thereon, in one of which he resided, and the other he rented to Thomas H. Williams, one of the defendants in this case, although he does not appear in the appeal.
Read the full summary
Hearing on an appeal by the defendant from a decree vacating and annulling two deeds of real estate. The Court in its opinion stated the case as follows: The appellee, John Savary, was the owner of two adjacent lots of ground in square No. 71, in the city of Washington, with dwelling houses thereon, in one of which he resided, and the other he rented to Thomas H. Williams, one of the defendants in this case, although he does not appear in the appeal. On September 15, 1892, Savary and Williams entered into an agreement which was reduced to writing, whereby it was agreed that Savary would sell…
1Opinion of the CourtJustice Morris
The question in this case, as we understand it, is which of two innocent persons should be required to suffer the loss occasioned by the wrongful act of a third person, the one who, by his negligence or inadvertence, has placed it in the power of such third person to perpetrate the wrong which otherwise would not have been perpetrated, or the one who, without any negligence on his own part, has been misled by the wrongdoer into a situation into which otherwise he would not have entered. And in the light of modern equity, of the overwhelming mass of modern judicial decision, and of what seems…
2Cases cited4 opinions
- Putnam v. SullivanMassachusetts Supreme Judicial Court · 1808
- Dair v. United StatesSupreme Court of the United States · 1873
- Butler v. United StatesSupreme Court of the United States · 1875
- Pratt v. HolmanSupreme Court of Vermont · 1844