Thompson v. Rose
Supreme Court of Connecticut
This was an action of trover for a quantity of tobacco. The cause was tried at Hartford, September term, 1843, before Waite, J. On the 10th of February, 1842, and previously, the plaintiffs were merchants, transacting business as partners in the city of New-York, under the firm of Thompson & Adams; and, at the same time, Andrew Denison and Joseph W. Denison were doing business in Suffield, in this state, where they both resided, as partners, under the firm of A. & J. W.…
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This was an action of trover for a quantity of tobacco. The cause was tried at Hartford, September term, 1843, before Waite, J. On the 10th of February, 1842, and previously, the plaintiffs were merchants, transacting business as partners in the city of New-York, under the firm of Thompson & Adams; and, at the same time, Andrew Denison and Joseph W. Denison were doing business in Suffield, in this state, where they both resided, as partners, under the firm of A. & J. W. Denison. The plaintiffs claimed to have proved, that on the 5th of February, 1842, J. W. Denison went to their store, in the…
1Opinion of the Court
Williams, Ch. J.
The first question presented upon this motion, is, whether proof of the representations made by Denison to Elliott, the clerk of the plaintiffs, and not communicated by him to them before the sale, was properly admitted in evidence; and cases have been cited to show, that the plaintiffs must have acted under the fraudulent representations made, or they could not recover. That principle is not denied; but still it is claimed, that this evidence is admissible; and cases are cited to show, that fraudulent representations made to others are admissible, where there is a combination…
2Cases cited5 opinions
- Mowrey v. WalshNew York Supreme Court · 1828
- Lloyd v. BrewsterNew York Court of Chancery · 1834
- Everett v. SaltusNew York Supreme Court · 1836
- Allen v. AddingtonNew York Supreme Court · 1831
- Hitchcock v. CovillNew York Supreme Court · 1838
3Cited by34 opinions
- Mayer v. . the PeopleNew York Court of Appeals · 1880
- Coleman v. FrancisSupreme Court of Connecticut · 1925
- Daggett v. DavisMichigan Supreme Court · 1884
- Oswego Starch Factory v. LendrumSupreme Court of Iowa · 1881
- Smith v. Smith, Murphy, & Co.Supreme Court of Pennsylvania · 1853
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