Ives v. Carter
Supreme Court of Connecticut
This was an action of trespass on the case, tried before the superior court for the county of New Haven, in October, 1855. The declaration alleged, that, “ on the 15th day of January, A. D., 1852, the defendant was a member of a co-partnership company, then existing in the village of Plainville, in the town of Farmington, and doing business under the name and firm of Walter Barber & Company, the said defendant owning one quarter of the assets of said company, and being…
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This was an action of trespass on the case, tried before the superior court for the county of New Haven, in October, 1855. The declaration alleged, that, “ on the 15th day of January, A. D., 1852, the defendant was a member of a co-partnership company, then existing in the village of Plainville, in the town of Farmington, and doing business under the name and firm of Walter Barber & Company, the said defendant owning one quarter of the assets of said company, and being liable to pay one quarter of the debts of said company, so far as said defendants and the other members of said…
1Opinion of the CourtHinman, J.
The first question in this case arises on the motion in arrest, for the insufficiency of the declaration. The *403declaration is claimed to be defective, because it appears from it, that the fraud, or deceit, was in part effected by means of a promise made by the defendant, at the time of the sale, that if the plaintiff would purchase the property at the sum of fifteen hundred dollars, and it should not turn out as he represented, he would make all right. The claim is, that the action should have been upon this promise, and not for the fraud in the sale. The objection is not that the plaintiff…
2Cases cited1 opinion
- Benton v. PrattNew York Supreme Court · 1829
3Cited by13 opinions
- Manning v. MichaelSupreme Court of Connecticut · 1982
- Gustafson v. RustemeyerSupreme Court of Connecticut · 1898
- Brower v. PerkinsSupreme Court of Connecticut · 1949
- Kabatchnick v. Hanover-Elm Building Corp.Massachusetts Supreme Judicial Court · 1952
- Caples v. MorganOregon Supreme Court · 1916
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