Pocatello Security Trust Co. v. Henry
Idaho Supreme Court
APPEAL from the District Court of the Fifth Judicial District,' for. Bannock County. Hon. Robert M. Terrell, Judge. Action to recover on two promissory notes. Judgment for plaintiff, and defendant appeals. Ordinarily a false promise upon which fraud may be predicated must be of an existing fact, but if the intention not to perform the promise be shown to have existed at the time the promise was made, the promise is fraudulent.
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APPEAL from the District Court of the Fifth Judicial District,' for. Bannock County. Hon. Robert M. Terrell, Judge. Action to recover on two promissory notes. Judgment for plaintiff, and defendant appeals. Ordinarily a false promise upon which fraud may be predicated must be of an existing fact, but if the intention not to perform the promise be shown to have existed at the time the promise was made, the promise is fraudulent. (55 Law Journal; Ayers v. French, 41 Conn. 142; Cockritt v. Hall, 65 Cal. 326, 4 Pac. 33; Brison v. Brison, 75 Cal. 525, 7 Am. St. 189, 17 Pac. 689; Pollard v.…
1Opinion of the CourtLee, J.
This action was commenced by respondent Pocatello Security Trust Company to recover against appellant Walter W. Henry upon two promissory notes.
The complaint contains a count upon each note in the usual form. The answer admits their execution and nonpayment, and as an affirmative defense alleges that they were given in payment for three lots in Blue Lakes Addition West to Twin Falls Townsite, purchased in accordance with an agreement executed May 15, 1918, and that respondent in order to induce appellant to enter into said agreement, made certain false and fraudulent representations: (1) That…
2Cases cited20 opinions
- Chicago, Texas & Mexican Central Railway Co. v. TitteringtonTexas Supreme Court · 1892
- Adams v. . GilligNew York Court of Appeals · 1910
- Brison v. BrisonCalifornia Supreme Court · 1888
- Wilson v. Carpenter's Adm'rSupreme Court of Virginia · 1895
- Henderson v. RailroadTexas Supreme Court · 1856
15 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Lloyd v. SmithSupreme Court of Virginia · 1928
- Griffin v. ClarkIdaho Supreme Court · 1935
- Sharp v. Idaho Investment Corp.Idaho Supreme Court · 1972
- Hauter v. Coeur D'Alene Antimony Mining Co.Idaho Supreme Court · 1923
- Keane v. AllenIdaho Supreme Court · 1949
24 more not listed; retrieve them via the Exa API.