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" Fraud without damage, or damage without fraud, gives no cause of action; but where these two concur, an action lies. "
The New York Supplement - Page 31
1905
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Term Reports in the Court of King's Bench, Part 185, Volume 3

Great Britain. Court of King's Bench, Charles Durnford - Law reports, digests, etc - 1817 - 860 pages
...the 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...
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An Introduction to the Law, Relative to Trials at Nisi Prius

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...
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A General Abridgment and Digest of American Law: With Occasional ..., Volume 9

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....
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volume 32

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...
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Reports of Cases Argued and Determined in the Courts of Common ..., Volume 4

Great Britain. Court of Common Pleas, John Bayly Moore, Joseph Payne - Law reports, digests, etc - 1832 - 948 pages
...plaintiffs. And the question is, whether an action thus founded can be sustained in a Court of law. Fraud without damage, or damage without fraud, gives no cause of action ; but, where these two concur, an action lies. I agree that an action cannot be supported for telling a bare...
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A Selection of Leading Cases on Various Branches of the ..., Volume 2, Part 1

John William Smith - 1840 - 530 pages
...the 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...
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A Selection of Leading Cases on Various Branches of the Law: With ..., Volume 2

John William Smith - Law reports, digests, etc - 1842 - 612 pages
...the 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 occur, there an action lieth." It is true, as has been already observed, that the...
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Reports of Cases Argued and Determined in the Court of Queen's ..., Part 20

Great Britain. Court of King's Bench, Henry Davison, Herman Merivale - Law reports, digests, etc - 1844 - 854 pages
...misrepresentation must be fraudulent. The rule is laid down by Duller, J. in Pasley v. Freeman \b). " Fraud without damage, or damage without fraud, gives no cause of action, but where those two concur the action lies(c)." Tapp v. Lee(d) is to the same effect. Foster v. Charles...
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A Treatise on the Construction of the Statutes: 13 Eliz. C. 5, and 27 Eliz ...

William Roberts - Consideration (Law) - 1845 - 376 pages
...any deceit to the damage of another;" and the opinion of Croke, J. in || Baylcy v. 524 Morrel, (7) that " fraud without damage, or damage without fraud, gives no cause of action ; but where these two do occur, there an action liclh," seem to have received an authoritative confirmation....
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volume 2

Georgia. Supreme Court - Equity - 1847 - 556 pages
...1. The foundation of this action is fraud and deceit in the defendant, and damage to the plaintiff. Fraud without damage, or damage without fraud, gives...action, but when these two concur an action lies. 3 Buist. 95. And even if the party has no interest in his iniquity — if he profits nothing by his...
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