Legal Opinion

Henderson v. Henshall

Court of Appeals for the Ninth Circuit

Decided January 30, 1893No. 69PublishedCited by 18 opinions

In Error to the Circuit Court of the United States for the Northern District of California. Action by Mary Alice Henshall against Charles Henderson, W. D. Holcom, and John Purcell for damages for false representations leading to an exchange of lands. Plaintiff having died pending the suit, John Henshall, special administrator of her estate, was substituted as plaintiff.

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In Error to the Circuit Court of the United States for the Northern District of California. Action by Mary Alice Henshall against Charles Henderson, W. D. Holcom, and John Purcell for damages for false representations leading to an exchange of lands. Plaintiff having died pending the suit, John Henshall, special administrator of her estate, was substituted as plaintiff. Defendants moved to dismiss the action, on the ground that it had abated by the death of the original plaintiff, and for judgment on the ground that the complaint failed to state a cause of action. The motion was denied, and…

1Opinion of the Court

MOBBQW, District Judge.

This was an action at law commenced in the circuit court by Mary Alice Henshall, a citizen of the kingdom of Great Britain, against Charles Henderson, W. D. Holcom, and John Purcell, citizens of the state of California, to recover the sum. of $30,000 for damages alleged to have been sustained by plaintiff in the exchange of certain lands in California. It is charged that false representations were made by the defendants Henderson and Holcom as to the value, character, and quality of certain lands in Shasta county, whereby they induced the plaintiff to exchange her lands…

2Cases cited11 opinions

  1. Slaughter's Administrator v. GersonSupreme Court of the United States · 1872
  2. Stewart v. Wyoming Cattle Ranche Co.Supreme Court of the United States · 1888
  3. Smith v. RichardsSupreme Court of the United States · 1839
  4. Sandford v. HandyNew York Supreme Court · 1840
  5. Andrus v. St. Louis Smelting & Refining Co.Supreme Court of the United States · 1889

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3Cited by18 opinions

  1. Fowler v. BentonCourt of Appeals of Maryland · 1962
  2. Wikstrom v. Yolo Fliers ClubCalifornia Supreme Court · 1929
  3. Harris v. MillerCalifornia Supreme Court · 1925
  4. Tooker v. AlstonCourt of Appeals for the Eighth Circuit · 1907
  5. Vragnizan v. Savings Union Bank & Trust Co.California Court of Appeal · 1916

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