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Smith Vs. Richards
Cites for this judgment
- US Supreme Court
- Jan 01, 1839
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U.S. 26 (1839) U.S. Supreme Court Smith v. RichardsSearch
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U.S. 13 Pet. 26 26 (1839) Smith v. RichardsSearch
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The doctrine thus laid down is almost in the very words used by the chancellor in the case of Neville v. WilkinsonSearch
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and the part of the proposition embraced by these words is founded upon the case of Ainslie v. MedlicotSearch
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for it operates as a surprise and imposition on the other party. Or, as Lord Thurlow expresses it in Neville v. PageSearch
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also to others who, from gross negligence, are guilty of misrepresentation. Thus, for example, in the case of Pearson v. MorganSearch
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the fact of satisfaction, and his representation was a fraud on C. Of a similar character was the case of Hobbs v. NortonSearch
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not relieve against it. This principle has been adopted in the courts of our own country. In Fulton's Executors v. RooseveltSearch
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In the case of McFerran v. TaylorSearch
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let us examine them. The case of Baglehole v. WaltersSearch
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to the defendant, and that he did not disclose them to the plaintiff. And he relied upon a previous case of Mellish v. MotteauxSearch
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artifice to conceal them from the purchaser. In the same volume of Campbell 505, a case is reported of Schneider v. HeathSearch
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doctrine on this subject was not then settled. About the time that this last case was decided, the case of Pickering v. DowsonSearch
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and that the defendant knew she was leaky. The court adhered to the doctrine of Lord Ellenborough in Baglehole v. WaltersSearch
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representation, and this we take to be the ground of decision in them. The meaning, says Heath, Justice, in Pickering v. DowsonSearch
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so also in the case of Sherwood v. SalmonSearch
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reasoning of which is conclusive, as we think, in favor of the view which we have taken. It is the case of Shepherd v. KainSearch
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U.S. Supreme Court Smith v. RichardsSearch
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of Neville v. WilkinsonSearch
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of Ainslie v. MedlicotSearch
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Neville v. PageSearch
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of Pearson v. MorganSearch
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of Hobbs v. NortonSearch
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In Fulton's Executors v. RooseveltSearch
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of McFerran v. TaylorSearch
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of Baglehole v. WaltersSearch
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of Mellish v. MotteauxSearch
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of Schneider v. HeathSearch
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of Pickering v. DowsonSearch
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Baglehole v. WaltersSearch
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Pickering v. DowsonSearch
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of Sherwood v. SalmonSearch
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of Shepherd v. KainSearch
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