“If, indeed, a man . . . make[s] a false representation, whether knowingly or not, by means of which he puts the party bargaining under a mistake upon the terms of the bargain, it is a fraud, and relievable in equity.” (citing 1 Maddock’s Chancery 208 (1817))
How later courts described this case
- “If, indeed, a man . . . make[s] a false representation, whether knowingly or not, by means of which he puts the party bargaining under a mistake upon the terms of the bargain, it is a fraud, and relievable in equity.” (citing 1 Maddock’s Chancery 208 (1817))
- “In 1 Maddock’s Chancery, 208, it is thus stated. If, indeed, a man, upon a treaty for any contract, make a false representation, whether knowingly or not, by means of which he puts the party bargaining under a mistake upon the terms of bargain, it is a fraud, and relievable in equity.”
- in an action “to set aside a contract for fraud” a “misrepresentation must be of something material”
Written by the judges who cited it.
The opinion
Mr. Justice Baldwin
dissented, both as to the facts, arid the law as stated in the opinion of the Court delivered by Mr. Justice Barbour.
On appeal from the Circuit Court of the United States for the southern district of New York. This cause came on to be heard on the transcript of the record from the Circuit Court -of the United States for the southern district of New York, and was argued by counsel. . On consideration-whereof, it is adjudged and decreed by , this-Court, that the decree of the said Circuit-Court in this cause be, and the same is hereby affirmed, with costs.
Note. — The counsel for the appellant afterwards presented a petition, praying for a. re-hearing of this case, but the Court unaniihpusly. overruled the application.