Legal Opinion

Warner v. Benjamin

Wisconsin Supreme Court

Decided February 5, 1895PublishedCited by 37 opinions

Appeals from a judgment of the circuit court for Milwaukee county: D. H. JohusoN, Circuit Judge. This is an action to recover damages for fraudulently inducing the plaintiff to purchase worthless mining stocks. The complaint is set out at length in J5 Wis. 2J8, when this case was here on appeal from an interlocutory order. The answer of the defendant Bates was a general denial.

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Appeals from a judgment of the circuit court for Milwaukee county: D. H. JohusoN, Circuit Judge. This is an action to recover damages for fraudulently inducing the plaintiff to purchase worthless mining stocks. The complaint is set out at length in J5 Wis. 2J8, when this case was here on appeal from an interlocutory order. The answer of the defendant Bates was a general denial. The answer of the defendants Bengamin admits the purchase of mining stock by the plaintiff of the firm of Moore, Benjamin & Co.; denies all fraudulent or untrue statements, or that plaintiff relied on any information…

1Opinion of the CourtWiNslow, J.

The record before us is quite voluminous, and there are many exceptions to ruling's made upon the trial. We shall not attempt to state these exceptions in detail, but shall simply lay down some general legal propositions upon some of the questions raised by the record, the rulings upon which we regard as erroneous.

1. There was evidence tending to show that the plaintiff *295was informed by ber husband and by one Dixon (who had ’been to the mines and investigated them) of their condition before she purchased stock, and that she was advised not to buy. The court was requested to submit the question…

2Cases cited4 opinions

  1. Vail v. . ReynoldsNew York Court of Appeals · 1890
  2. Mamlock v. FairbanksWisconsin Supreme Court · 1879
  3. Birdsey v. ButterfieldWisconsin Supreme Court · 1874
  4. Sheldon v. DavidsonWisconsin Supreme Court · 1893

3Cited by37 opinions

  1. Bostwick v. Mutual Life Insurance Co.Wisconsin Supreme Court · 1903
  2. Ford v. H. W. Dubiskie & Co.Supreme Court of Connecticut · 1927
  3. Guthrie & Western Railroad v. RhodesSupreme Court of Oklahoma · 1907
  4. J. H. Clark Co. v. RiceWisconsin Supreme Court · 1906
  5. Shaw v. GilbertWisconsin Supreme Court · 1901

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