Morse v. Shaw
Massachusetts Supreme Judicial Court
Replevin of wool. At the trial in the Superior Court, before Rockwell, J., the jury returned a verdict for the plaintiffs; and the defendant alleged exceptions, the material parts of which appear in the opinion.
1Opinion of the CourtMorton, J.
The plaintiffs seek to avoid a sale, upon the ground that they were induced to make it by false and fraudulent representations of the defendant. The burden is upon them to show that the defendant knowingly made false representations of matters of fact which are susceptible of knowledge. Representations which are mere expressions of opinion, judgment or estimate, or intended as expressions of belief only, *60are not sufficient to support the action. They must be state* ments of facts susceptible of knowledge, as distinguished from matters of mere belief or opinion. Safford v. Grout, 120 Mass. 20.…
2Cases cited2 opinions
- Litchfield v. HutchinsonMassachusetts Supreme Judicial Court · 1875
- Safford v. GroutMassachusetts Supreme Judicial Court · 1876
3Cited by23 opinions
- Whitehurst v. . Insurance Co.Supreme Court of North Carolina · 1908
- Andrews v. JacksonMassachusetts Supreme Judicial Court · 1897
- Bolich v. Prudential Insurance Co. of AmericaSupreme Court of North Carolina · 1934
- Commonwealth v. AnthonyMassachusetts Supreme Judicial Court · 1940
- Commonwealth v. QuinnMassachusetts Supreme Judicial Court · 1916
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