Morgan v. Bliss
Massachusetts Supreme Judicial Court
In an action of the case for deceit, the plaintiffs declare that Pliny Bliss and Charles Wiley, contriving and intending to cheat and defraud the plaintiffs, in pursuance of such intention made a pretended promissory note subscribed by said Pliny for the sum of twenty-three dollars, payable to the said Charles, which note the said Charles transferred and assigned to the plaintiffs.
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In an action of the case for deceit, the plaintiffs declare that Pliny Bliss and Charles Wiley, contriving and intending to cheat and defraud the plaintiffs, in pursuance of such intention made a pretended promissory note subscribed by said Pliny for the sum of twenty-three dollars, payable to the said Charles, which note the said Charles transferred and assigned to the plaintiffs. And after-wards the said Charles fraudulently gave to the said Pliny, and the said Pliny fraudulently received, a discharge of said note. The writ having been served upon Pliny Bliss alone, he ap peared and…
1Opinion of the Court
The Court.
This was an action for a fraud, and the evidence was clearly insufficient to support the charge. Here was no evi dence of any conspiracy between Bliss and Wiley; nor any prooi of the plaintiffs’ ever having released their demand on J. Bliss, (and no reason shown for not producing such proof,) or of their having in any other way given a valuable consideration for the note; and without such evidence, what damage do they show themselves to have sustained ? There is nothing left in the case for the jury to deliberate upon.
The Chief Justice suggested that, there might perhaps be a…
2Cited by11 opinions
- Haskell v. FriendMassachusetts Supreme Judicial Court · 1907
- Ordway v. Boston & Maine RailroadSupreme Court of New Hampshire · 1898
- Gerrish v. PrattSupreme Court of Minnesota · 1861
- Graham v. Special Commissioners of SuffolkMassachusetts Supreme Judicial Court · 1940
- Gordon v. HutchinsSupreme Judicial Court of Maine · 1919
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