 | Vermont. Supreme Court - Law reports, digests, etc - 1882 - 790 pages
...that common prudence could not guard against. Fisher v. Brown, 1 Tyler, 404, 405; Bigelow Fraud, 71. A false affirmation made by the defendant with intent to defraud the plaintiffs, whereby the plaintiffs suffer damages, is ground for an action. Palsey.v. Freeman, 3 Term... | |
 | Law - 1876 - 870 pages
...is, of course, Pasley v. Freeman, 3 Term Rep. 51. The principle settled is, thai 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,... | |
 | Ephraim Arnold Jacob - Law reports, digests, etc - 1884 - 890 pages
...of the representation thus made. Barry v. Groskey, 2 Johns. & H. 21. A false affirmation made by a defendant with intent to defraud the plaintiff, whereby...an action upon the case, in the nature of deceit. Pasley v. Freeman, 3 TR 51. In such an action, it is not necessary that the defendant should be benefited... | |
 | Law reports, digests, etc - 1884 - 1088 pages
...that said note has not been paid to the plaintiff. In Paah-y v. Freeman, 3 Term K. 51, it was held that a false affirmation, made by the defendant with...plaintiff receives damage, is the ground of an action of deceit. This case was cited with approval in Upton v. Vail, 6 Johns. 181, where it is said that... | |
 | Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - Law reports, digests, etc - 1884 - 800 pages
...has not been paid to the plaintiff. Williams v. Bates. In Pasley v. Freeman, 3 TR, 51, it was held that a false affirmation made by the defendant with...plaintiff receives damage, is the ground of an action of deceit. This case was cited with approval in Upton v. Vail, 6 Johns., 181, where it is said that... | |
 | Arthur Biddle - Warranty - 1884 - 346 pages
...resulting from the fraud, otherwise it is of no avail.1 § 328. In Pasley v. Freeman,2 it was held that a false affirmation made by the defendant, with intent to defraud, whereby the plaintiff suffered damage, was the ground of an action on the case for deceit ; and the... | |
 | Law reports, digests, etc - 1886 - 884 pages
...clearness, and which has formed the basis of all the subsequent determinations upon the subject, is, that " a false affirmation, made by the defendant...plaintiff receives damage, is the ground of an action." " It is not necessary, that the defendant should be benefited by the deceit, or that he should collude... | |
 | Law reports, digests, etc - 1886 - 876 pages
...damage, gives a good cause of action. In the celebrated case of Padey v. Freeman, 3 TE 56, it was held that a false affirmation, made by the defendant with intent to defraud the plaintiff, whereby he sustained damage, was the ground of an action upon the case, in the nature of deceit; and that it... | |
 | Judah Philip Benjamin - Sales - 1888 - 1034 pages
...Failure of Consideration has been treated ante, pp. 346 et seq. 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... | |
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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. 
