Morse v. Shaw
| Decision Date | 08 February 1878 |
| Citation | 124 Mass. 59 |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
| Parties | Sterne Morse & others v. Elijah Shaw |
Argued September 26, 1877
Hampden. 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.
Exceptions overruled.
G. F Hoar, for the defendant.
G. M Stearns & N. A. Leonard, for the plaintiffs.
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, are not sufficient to support the action. They must be statements of facts susceptible of knowledge, as distinguished from matters of mere belief or opinion. Safford v. Grout, 120 Mass. 20. Litchfield v. Hutchinson, 117 Mass. 195.
At the trial of this case, the presiding justice stated these principles of law with substantial correctness, and the defendant does not complain of the rulings in this respect. But he contends that the only representations proved in the case were expressions of opinion or belief as to the defendant's ability to pay his debts, and that, therefore, under the rules of law adopted by the presiding judge, he should have instructed the jury, as requested, that the evidence would not warrant a verdict for the plaintiffs.
The evidence tended to show that, in January, 1876, the defendant went to the plaintiffs to buy wool, and, after some conversation as to his business condition and credit, agreed to go home and prepare a statement of his affairs; that, in the February following, he again called upon the plaintiffs, took out a memorandum book, apparently read it, and said: It appeared that he had a large and valuable real estate. The statement is equivalent to a representation that he had, independently of his real estate, property enough to pay all his debts except $ 20,000.
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...that they were statements of facts susceptible of knowledge, as distinguished from matters of mere opinion or belief.' See also Morse v. Shaw, 124 Mass. 59; Teague v. Irwin, 127 Mass. "In two recent cases-- Way v. Ryther, 165 Mass. 226, 42 N.E. 1128, and Kilgore v. Bruce, 166 Mass. 136, 138......
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Farmers' Sav. Bank of Morrison v. Jameson
...fact susceptible of knowledge, as distinguished from matters of mere opinion or belief.’ See, also, Teague v. Irwin, 127 Mass. 217;Morse v. Shaw, 124 Mass. 59. In two recent cases, Way v. Ryther, 165 Mass. 226 , and Kilgore v. Bruce, 166 Mass. 136, 138 , this court has expressed a disinclin......
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Unitype Co v. Bros
...statements of facts to be regarded as material, the question must be submitted to the jury. 14 A. & E. p. 35; 20 Cyc. p. 124; Morse et al. v. Shaw, 124 Mass. 59." Whitehurst v. Insurance Co., 149 N. C. 273, 62 S. E. 1067; Cash Register Co. v. Townsend, 137 N. C. 652, 50 S. E. 306, 70 L. R. ......
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Unitype Co. v. Ashcraft Bros.
... ... material, the question must be submitted to the jury. 14 A. & E. p. 35; 20 Cyc. p. 124; Morse et al. v. Shaw, 124 Mass ... 59." Whitehurst v. Insurance Co., 149 N.C. 273, ... 62 S.E. 1067; Cash Register Co. v. Townsend, 137 ... N.C. 652, ... ...