...fully examined in Presley v. Freeman, 3 Term R. 51. Mr. Justice BULI.ER said, "The foundation of the action is fraud and deceit in the defendant, and damage to the plaintiff. Every deceit comprehends a lie, but a deceit is more than a lie." Fraud practiced, and damage...

...thereby induced to give them credit, and have in consequence thereof sustained a loss. The gist of the action is fraud and deceit in the defendant and damage to the plaintiffs, and unless both these material allegations be proved, the action cannot be sustained. The leading case...

...State, 402. 3 Lindenau v. Desborough, 8 Barn. & Cres. 586 ; Westhury v. Aberdeen, 2 Mees. & W. 267. 4 " Fraud without damage, or damage without fraud, gives no cause of action ; but where these two do concur and meet together, there an action lieth." Croke, J., 8 Bulstr. 95; Foster e. Charles, 6...

...Freeman (3 TR 51, Smith's Lead. Cas.), in which BULLER, J., very perspicuously states the law. He says, " The foundation of this action is fraud and deceit in the defendant, and damage to the plaintiff. And the question is, whether an action thus founded can be sustained in a court of law ?...

...principles to be collected from analogous cases, and consequently that it cannot be maintained. BULLER, J. The foundation of this action is fraud and deceit...action ; but where these two concur, an action lies. Per Croke, J., 3 Bulst. 95. But it is contended that this was a hare, naked lie ; that, as no collusion...

...whether any actual damage, in contemplation of law, is shown to have been sustained by the plaintiff. Fraud without damage, or damage without fraud, gives no cause of action, but, where both concur, an action lies. Damage, in the sense of the law, may arise out of injuries to the person...

...charged, the notion can be maintained. It is an ancient and well established legal principle, that fraud without damage, or damage without fraud, gives no cause of action, yet when the two do concur there an action lieth. 3 Bulst. 95. Actions like the one under consideration...

...plaintiffs, by Stebbins, was void by the statute of frauds. It was said by COKE, J., in 3 Bulst. 95, that " fraud without damage, or damage without fraud, gives no cause of action ; but when these two concur an action lies." This language has been frequently quoted with approval by judges...

...in Dobell v. Stephens, 3 B. & C. 623. In Paisley v. Freeman, 3 TR § 1, Justice Buller says: " That fraud without damage, or damage without fraud, gives...action, but where these two concur an action lies;" and that " if a man will wickedly assert that which he knows to be false, and thereby draw his neighbor...

...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. Bail*/ v. Mcrrell, 3 Bidst. 94, CrokeJ.; Pasley v....