Legal Opinion

Weeks v. Burton

Supreme Court of Vermont

Decided January 15, 1835PublishedCited by 6 opinions

This was an action of trespass on the case, alleging that the defendant, by falsely and fraudulently affirming that one Elijah Baker was good and responsible, and that said Baker’s real estate was unencumbered, had induced the plaintiff to receive of the defendant a note of sixty-five dollars, signed by Baker, in part payment for a horse sold by the plaintiff to the defendant. The note was dated, March 27th, 1831, and payable four years from date, with interest.

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This was an action of trespass on the case, alleging that the defendant, by falsely and fraudulently affirming that one Elijah Baker was good and responsible, and that said Baker’s real estate was unencumbered, had induced the plaintiff to receive of the defendant a note of sixty-five dollars, signed by Baker, in part payment for a horse sold by the plaintiff to the defendant. The note was dated, March 27th, 1831, and payable four years from date, with interest. The plaintiff, on trial upon the general issue, gave incidence, that on the third day of February last, he sold a horse to the…

1Opinion of the Court

The opinion of the court was delivered by

Williams, Ch. J.

The principles of law upon which this action is sustained were declared in the case of Pasley vs. Freeman, 3 T. R. 51,-and were recognized by this court, at the present term, in the case of Ewing vs. Calhoun. To maintain it, the plaintiff must have proved the representations made by the defendant in relation to the note against Baker, the falsity of those representations, the knowledge of the defendant in relation to the falsity, and that the plaintiff sold the horse and took the note on the faith of those representations, and was…

2Cases cited1 opinion

  1. Barrett & Co. v. Hall & Co.Supreme Court of Vermont · 1826

3Cited by6 opinions

  1. Slack v. BraggSupreme Court of Vermont · 1910
  2. Ste. Marie v. WellsSupreme Court of Vermont · 1919
  3. Midlantic National Bank North, N.A. v. Borg-Warner Acceptance Corp. (In Re Mayo)United States Bankruptcy Court, D. Vermont · 1990
  4. Commercial Finance Corp. v. GaleSupreme Court of Vermont · 1932
  5. Mahurin v. HardingSuperior Court of New Hampshire · 1853

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