 | Judah Philip Benjamin - Sales - 1868 - 748 pages
...Freeman, 3 and Haycraft v. Creasy, 4 decided in 1789 and 1801. In the former of these cases it was held, that a false affirmation made by the defendant, with...of an action upon the case in the nature of deceit ; and that such action will lie, though the defendant may not benefit by the deceit, nor collude with... | |
 | North Carolina. Supreme Court - Law reports, digests, etc - 1905 - 922 pages
...for deceit. The case of Pasley v. Freeman, 3 Tenn. Rep., 51 (2 Smith LC, 1300,) settled the principle that "A false affirmation made by the defendant with...an action upon the case in the nature of deceit." Kent, CJ, in Upton v. Vail, 6 Johns., 181, after expressing his approval of the doctrine announced... | |
 | John Indermaur - Common law - 1874 - 120 pages
...stone, or warranted it to be a Bezoar stone. PASLEY v. FREEMAN. (SLC, Vol. II., p. 71.) (3 TB 51.) Decided: — That a false affirmation made by the...of an action upon the case in the nature of deceit. In such an action, it is not necessary that the defendant should be benefited by the deceit, or that... | |
 | Henry Foulks Lynch - Law - 1874 - 460 pages
...not a Bezoar stone, or warranted it to be a Bezoar stone. (1 Sm. LC 165.) In Pasley v. Freeman it was decided that a false affirmation made by the defendant...plaintiff receives damage, is the ground of an action on the case in the nature of deceit. In such an action it is not necessary that the defendant should... | |
 | Herbert Broom - Legal maxims - 1874 - 880 pages
...of which Pasley v. Freeman2 is usually cited as the leading decision, which sufficiently establish that a false affirmation made by the defendant, with...plaintiff, whereby the plaintiff receives damage, will lay the ground of an action upon the case in the nature of deceit ; and this proposition may,... | |
 | Melville Madison Bigelow - Torts - 1875 - 808 pages
...Note on Trade-marks. PASLEY v. FREEMAN. (3 TR 51. King's Bench, England, Hilary Term, 1789.) Afnl«t affirmation, made by the defendant with intent to...of an action upon the case in the nature of deceit. In such an action it is not necessary that the defendant should be benefited by the deceit, or that... | |
 | Melville Madison Bigelow - Torts - 1875 - 830 pages
...Trade-marks. PASLEY v. FREEMAN. (3 TR 61. King's Bench, England, Hilary Term, 1789.) à f'ilff nffirmntim, made by the defendant with intent to defraud the plaintiff,...of an action upon the case in the nature of deceit. In such an action it is not necessary that the defendant should be benefited by the deceit, or that... | |
 | Law - 1876 - 860 pages
...is, of course, Pasley v. Freeman, 3 Term Rep. 51. The principle settled is, that a false affirmative, made by the defendant with intent to defraud the plaintiff, whereby the plaintiff receives damage, is actionable, whether the defendant is benefited by the deceit, or colludes with the person who is benefited,... | |
 | William Wait - Actions and defenses - 1878 - 1000 pages
...English case of Padey v. Freeman, 3 Term R. 51, Smith's Lead. Cas., it was held that a false affir mation made by the defendant with intent to defraud the plaintiff,...plaintiff receives damage, is the ground of an action on the case in the nature of deceit ; and that in such action it is not necessary that the defendant... | |
 | Judah Philip Benjamin - Les Salles-sur-Verdon (France) - 1881 - 1076 pages
...treated Pasicvr ante, §§ 420 et seq. In the former of these cases it was Freeman, jjgjd fa&t a faise affirmation made by the defendant, with intent to...of an action upon the case in the nature of deceit ; and that such action will lie, though the defendant may not benefit by the deceit, nor collude with... | |
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TR 51, held that a false, affirmation made by the defendant with intent to defraud the plaintiff, whereby the plaintiff receives damage, is the ground of an action upon the case in the nature of deceit. 
