Elwell v. Russell
Supreme Court of Connecticut
Action to recover damages for fraud respecting the title to certain real estate upon the security of which the defend ant obtained a loan of $5,000, brought to the Superior Court in Middlesex County and tried to the court, George W. Wheeler, J.; facts found and judgment rendered for the defendant, and appeal by the plaintiffs for alleged errors in the rulings and findings of the court.
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Action to recover damages for fraud respecting the title to certain real estate upon the security of which the defend ant obtained a loan of $5,000, brought to the Superior Court in Middlesex County and tried to the court, George W. Wheeler, J.; facts found and judgment rendered for the defendant, and appeal by the plaintiffs for alleged errors in the rulings and findings of the court. The parts of the complaint which set out the fraud are as follows: “ 2. For the purpose of inducing the plaintiffs to accede to such request and to lend the defendant said sum of five thousand ($5,000) dollars,…
1Opinion of the CourtAndrews, C. J.
There is no error assigned in either the first, or second reasons of appeal, of which this court can take cognizance, except as to claim number seven referred to in the first reason. So far as any material fact is concerned, each one of the specifications mentioned in those reasons involves a consideration of the weight to be given to certain evidence heard by the trial court. This court cannot enter into any such question. Neilson v. Hartford Street Ry. Co., 67 Conn. 466; Atwater v. Morning News Co., ibid. 504; Thresher v. Dyer, 69 id. 404; Ryan v. Chelsea Paper Mfg. Co., ibid. 454.
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2Cases cited4 opinions
- Chatham Furnace Co. v. MoffattMassachusetts Supreme Judicial Court · 1888
- Hadcock v. . OsmerNew York Court of Appeals · 1897
- Scholfield Gear & Pulley Co. v. ScholfieldSupreme Court of Connecticut · 1898
- Neilson v. Hartford Street Railway Co.Supreme Court of Connecticut · 1896
3Cited by4 opinions
- Batick v. SeymourSupreme Court of Connecticut · 1982
- Brashears v. CollisonCourt of Appeals of Maryland · 1955
- Verdi v. DonahueSupreme Court of Connecticut · 1917
- Giannattasio v. SilanoSupreme Court of Connecticut · 1932