Cocke v. Greene
Massachusetts Supreme Judicial Court
Tort, with counts for deceit and conspiracy, for fraudulently inducing the plaintiff to marry one Dr. Cocke, who was already secretly married to the defendant Greene, and to live with him as his wife for more than five years while the marriage between Cocke and the defendant Greene was subsisting and valid and wholly unknown to the plaintiff—Cooke and after his death his administrator being joined as a defendant.
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Tort, with counts for deceit and conspiracy, for fraudulently inducing the plaintiff to marry one Dr. Cocke, who was already secretly married to the defendant Greene, and to live with him as his wife for more than five years while the marriage between Cocke and the defendant Greene was subsisting and valid and wholly unknown to the plaintiff—Cooke and after his death his administrator being joined as a defendant. Writ dated April 25, 1899. At the trial in the Superior Court, before Sherman, J., the administrator of Cocke was defaulted. At the close of the plaintiffs evidence, the judge…
1Opinion of the CourtHammond, J.
There can be no doubt that the conduct of Cocke in inducing the plaintiff to marry him constitutes actionable fraud, Blossom v. Barrett, 37 N. Y. 434, and the only question is whether the female defendant, whom for convenience we shall designate hereinafter as the defendant, is, as co-conspirator or otherwise, so far connected with the fraud as to be answerable to the plaintiff.
After a careful consideration of the evidence,' we are constrained to say, notwithstanding the earnest argument of the counsel for the plaintiff, that we can see nothing which would warrant a" verdict for the…
2Cases cited1 opinion
- Blossom v. . BarrettNew York Court of Appeals · 1868
3Cited by1 opinion
- Leslie v. JaquithMassachusetts Supreme Judicial Court · 1909