Stewart v. Wyoming Cattle Ranche Co.
Citations
- 128 U.S. 383
- 9 S. Ct. 101
- 32 L. Ed. 439
- 1888 U.S. LEXIS 2224
Syllabus
<p>Although silence as to a material fact is not necessarily, as matter of law,' equivalent to a false representation, yet concealment or suppression by,' either party to a contract of sale, with intent to deceive, of a material, fact which he is in good faith bound to disclose, is evidence of, and equivalent to, a false representation-.</p> <p>’ Instructions given to a jury upon their coming into court after they have retired to consider their verdict, and not excepted to at the time, cannot be reviewed on error, although counsel were absent when they were given.</p> <p>Affidavits filed in support of a motion for a new trial are no part of the ■ ■' record on error, unless made so by bill of exceptions.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that “mere silence is quite different from concealment” and that silence must be accompanied by “concealment or suppression” in order to be equivalent to a false representation
- “[M]ere silence is quite different from concealment[,]” and “a suppression of the truth may amount to a suggestion of falsehood.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Gray
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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