Supreme Judicial Court of Maine July 1, 1885 (Hal v. Gilmore)

Appleton, J.

When a purchase of goods is effected by means of false and fraudulent representations on the part of the buyer, the seller may treat the sale, though on credit, as void, and maintain trover or replevin for the goods sold. Ayers v. Hewett, 19 Maine, 281. No demand in such ease is necessary, as the original taking, being with a, fraudulent design, is tortious. Bussing v. Rice, 2 Cush.