Legal Opinion

Dunlap & Co. v. Cody

Supreme Court of Iowa

Decided April 7, 1871PublishedCited by 37 opinions

Appeal from Lee Circuit Cowri. Suit upon a judgment rendered by the circuit court’ of Hancock county, Illinois, for the sum of $1,145.31. The defendant in answer denies any indebtedness, and alleges that the note upon which judgment was obtained was executed in Ohio on the 5th day of March, 1855, and at. the time suit was instituted thereon was barred by the statute of limitations; that plaintiffs and their attorneys, in order to avoid the statute of limitations of the State…

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Appeal from Lee Circuit Cowri. Suit upon a judgment rendered by the circuit court’ of Hancock county, Illinois, for the sum of $1,145.31. The defendant in answer denies any indebtedness, and alleges that the note upon which judgment was obtained was executed in Ohio on the 5th day of March, 1855, and at. the time suit was instituted thereon was barred by the statute of limitations; that plaintiffs and their attorneys, in order to avoid the statute of limitations of the State of Iowa, and obtain jiu’isdiction of the person of defendant in the State of Illinois, fraudulently represented to…

1Opinion of the Court

Dav, Ch. J.

*262i. jubisdiction : fraud in obtaining. *261— I. Do the means used to obtain jurisdiction of the person of defendant, in the courts of Illinois, *262amount to fraud ? It would seem that this ,. , , ,. , question, scarcely needs discussion. Jbraud consists in the suggesUo falsi or the swpgyressio veri. Both exist here. The false statement was made to defendant by plaintiffs’ • attorney that Hiatt and others were about to erect an elevator in Hancock county, Illinois, to cost between $30,000 and $40,000; and the defendant, being a carpenter, was induced to go to Illinois to look at the site of…

2Cases cited5 opinions

  1. Harshey v. BlackmarrSupreme Court of Iowa · 1866
  2. Walden v. SherburneNew York Supreme Court · 1818
  3. Pomroy & Co. v. ParmleeSupreme Court of Iowa · 1859
  4. Jackson v. JacksonNew York Supreme Court · 1806
  5. Pollard v. BaldwinSupreme Court of Iowa · 1867

3Cited by37 opinions

  1. Cavanaugh v. SmithIndiana Supreme Court · 1882
  2. Nicholson v. NicholsonIndiana Supreme Court · 1888
  3. Mahoney v. State InsuranceSupreme Court of Iowa · 1907
  4. Townsend v. SmithWisconsin Supreme Court · 1879
  5. Wonderly v. Lafayette CountySupreme Court of Missouri · 1899

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