 | Sir Thomas Edlyne Tomlins - Law reports, digests, etc - 1812 - 736 pages
...made by the defen-lant bonâ tide, and with a belief of the truth of it ; for the foundation of the action is fraud and deceit in the defendant, and damage to the plaintiff by means thereof. And taking the assertion of knowledge secuiitiuni subject. un materiatn,... | |
 | Nicholas Baylies - Law reports, digests, etc - 1814 - 576 pages
...was made by the defendant bona fide, and with a belief of the truth of it ; for the foundation of the action is fraud and deceit in the defendant, and damage to the plaintiff by means thereof. And taking the assertion of knowledge secundum subjeetaiu materiam, viz.... | |
 | Great Britain. Court of King's Bench, Charles Durnford - Law reports, digests, etc - 1817 - 860 pages
...to be collected from analogous cases, and consequently that it cannot be maintained. BULI.EK, J. — The foundation of this action is fraud and deceit...defendant, and damage to the plaintiffs. And the question i.-, Whether an action thus founded can be sustained in ia court of law :~ Fraud without damage, or... | |
 | Francis Buller - Actions and defenses - 1817 - 684 pages
...should have any interest in the deceit, or 'bat he should have colluded with UK иЛег party, for fraud without damage, or damage without fraud, gives no cause of action, but where these two concur, the action lies. Per Croke, J. in Baily v. Mcrrcll, 3 Bulst. .95 ; and it was said, thut in the declaration,... | |
 | Nathan Dane - Law - 1829 - 956 pages
...Above fifty authorities were cited in this case by the counsel. § 22. 3 Bulst. 95, per Croke, J. ' fraud without damage, or damage without fraud, gives no cause of action ; but where these two do concur, there an action lieth.' See Haycraft v. Creasy, 2 East, 92-109 ; art. 2. s. 19 ; Clifford... | |
 | New Jersey. Court of Chancery - Law reports, digests, etc - 1880 - 942 pages
...relief, whether as a cause of action or a defence, consists in the conjunction of wrong and injury. Fraud without damage, or damage without fraud, gives no cause of action ; but where the two Jacobsen v. Dodd. concur, an action lies. Baily v. Merrell, 3 Bulst. 94, Croke J.; Pasley v.... | |
 | Esek Cowen, New York (State). Supreme Court - Law reports, digests, etc - 1837 - 826 pages
...notwithstanding the intent, might or might not be performed. Buller, J. observed, "the foundation of the action is fraud and deceit in the defendant, and damage to the plaintiffs. Every deceit comprehends a lie ; but a deceit is more than a lie, on account of the view with which... | |
 | John William Smith - 1840 - 530 pages
...invariable principle in all the cases on this subject. In 3 Bulstr. 95, it was held by Croke, J., that " fraud without damage, or damage without fraud, gives no cause of action : but where these two do concur, there an action lieth." It is true, as has been already observed, that the judges were of... | |
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Fraud without damage, or damage without fraud, gives no cause of action; but where these two concur, an action lies. 
