Flower v. Farwell
Appellate Court of Illinois
Appeal from the Superior Court of Cook county; the Hon, Sidney Smith, Judge, presiding. This action was case brought by Farwell & Co. against Flower, to recover damages for fraud and deceit in the purchase by the latter of certain.hills of goods, of the former.
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Appeal from the Superior Court of Cook county; the Hon, Sidney Smith, Judge, presiding. This action was case brought by Farwell & Co. against Flower, to recover damages for fraud and deceit in the purchase by the latter of certain.hills of goods, of the former. The first count of the declaration alleges a pretended purchase by defendant of plaintiffs of said goods, with the fraudulent design on defendant’s part of not paying for said goods, and of cheating and defrauding pla.intiffs out of the same. The second alleges that the goods were obtained by defendant by means of false and fraudulent…
1Opinion of the CourtMcAllister, J.
In the leading cases of Pasley v. Freeman, 3 Term R. 51, and Haycraft v. Creasy, 2 East, 92, the doctrine was clearly enunciated that in order to recover damages on the ground of fraud, mere legal fraud was not sufficient; that moral fraud or dishonest intention was indispensable. But it seems that after those decisions some of the English courts drifted away from their principles and they were lost sight of or obscured by various theories respecting what constituted frauds in the sense that it would invalidate sales of goods or afford the basis of an action for damages, so that mere fraud in…
2Cases cited7 opinions
- Donaldson v. FarwellSupreme Court of the United States · 1876
- Jordan v. OsgoodMassachusetts Supreme Judicial Court · 1872
- Nichols v. . PinnerNew York Court of Appeals · 1858
- Bell v. EllisCalifornia Supreme Court · 1867
- Johnson v. MonellNew York Court of Appeals · 1866
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Wachsmuth v. MartiniAppellate Court of Illinois · 1892
- Morris v. RetickerAppellate Court of Illinois · 1888