Patten v. Gurney
Massachusetts Supreme Judicial Court
The plaintiffs declare in case, for that the said Gurney 8f Packard, previous to the 11th of June, 1818, had sold certain goods and merchandise to one Abel Upton, who, having afterwards become insolvent, applied to them to be credited with certain other goods and merchandise, which they, because of Upton’s inability to pay his debts, refused to sell and deliver to him at fair and usual prices, pretending that they did not wish to sell any more goods on credit, as they…
Read the full summary
The plaintiffs declare in case, for that the said Gurney 8f Packard, previous to the 11th of June, 1818, had sold certain goods and merchandise to one Abel Upton, who, having afterwards become insolvent, applied to them to be credited with certain other goods and merchandise, which they, because of Upton’s inability to pay his debts, refused to sell and deliver to him at fair and usual prices, pretending that they did not wish to sell any more goods on credit, as they expected soon to dissolve the connection in trade existing between them, advised him to get the goods in their line, which he…
1Opinion of the CourtParker, C. J.
[After a brief recital of the averments in the first count.] The facts thus stated must be considered as proved to the jury, and they certainly give a right of action. A false and fraudulent affirmation, relative to the credit and ability of a person, to a merchant or trader, who is thereby induced to trust such person with goods, *149is a sufficient ground of action, although there may have been no dishonest purpose of appropriating the goods to the use of the party giving the recommendation, or in any other way deriving a benefi. from the fraud. This was settled in the case of Pasley & Al. vs.…
2Cases cited1 opinion
- Barnard v. WhitingMassachusetts Supreme Judicial Court · 1811
3Cited by27 opinions
- Hart v. FitzgeraldMassachusetts Supreme Judicial Court · 1807
- Hubbard v. . BriggsNew York Court of Appeals · 1865
- McCarthy v. Brockton National BankMassachusetts Supreme Judicial Court · 1943
- Young v. HallSupreme Court of Georgia · 1848
- Adams v. CollinsMassachusetts Supreme Judicial Court · 1907
22 more not listed; retrieve them via the Exa API.