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32 Me. 55

Cragin v. Tarr

Supreme Judicial Court of Maine

Decided July 1, 1850

Supreme Judicial Court of Maine · decided 1850-07-01

Trover for goods. The plaintiffs are merchants resident in Boston. In 1847, they let one Brown have the goods, and they now allege it to have been by fraudulent pretences that Brown obtained them, and that the defendant, with a knowledge of that fact, converted them to his own use.

Decided 1850-07-01

Tenney, J.,

¶1orally.—The plaintiffs, in order to recover, *57must show that in parting with the goods, they were influenced by false pretences, and that, in the making of such pretences, there was a fraudulent design. The objection urged by the defendant is, that fraudulent representations, made to traders, other than the plaintiffs, were allowed to be proved. The objection is not well founded.

¶2When the false representations have been successful, the fraudulent intent may be proved from other sources. Among the sorts of evidence, tending to that effect, is the proof that the same party, about the same time, made use of false representations to others, with the fraudulent intent. This is in full accordance with decided eases in this and in other States.

¶3Exceptions overruled.

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