Watson v. Atwood
Supreme Court of Connecticut
This was an action for fraud. The plaintiff in his declaration alledged that he and. the defendant entered into an agreement in writing, for an exchange of certain lands situated in the state of New York, and that the defendant, in carrying said agreement into effect, falsely and fraudulently represented and affirmed to the plaintiff, that the lands described in the agreement as belonging to him, were held in trust for him by his son John B. Atwood, who was the owner thereof…
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This was an action for fraud. The plaintiff in his declaration alledged that he and. the defendant entered into an agreement in writing, for an exchange of certain lands situated in the state of New York, and that the defendant, in carrying said agreement into effect, falsely and fraudulently represented and affirmed to the plaintiff, that the lands described in the agreement as belonging to him, were held in trust for him by his son John B. Atwood, who was the owner thereof in fee simple, and by his deed could give the plaintiff a good title to the same, and that the plaintiff relying upon…
1Opinion of the CourtWaite, C. J.
The plaintiff having executed a deed of his lands to John B. Atwood, became liable to him for the damages arising from a breach of the covenants contained in that deed. And if the defendant were allowed to set off those damages against the plaintiff’s demand in the present suit, it would be no bar to any suit that might be brought against the plaintiff by John B. Atwood, as he is no party to the present suit. Such a set-off might have the effect of subjecting the plaintiff twice to the payment of those damages; to the defendant, and to his son.
Upon no principle therefore, can the defendant…
2Cited by10 opinions
- Judd v. WalkerSupreme Court of Missouri · 1908
- David v. ParkMassachusetts Supreme Judicial Court · 1870
- Judd v. WalkerMissouri Court of Appeals · 1905
- Lovejoy v. IsbellSupreme Court of Connecticut · 1900
- Loverin v. KuhneSupreme Court of Connecticut · 1919
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