Hale v. Philbrick
Supreme Court of Iowa
Appeal from Woodbury Circuit Court. Action to recover for false and fraudulent representations, made by the defendant, as to the extent and amount of his interest in a stock of groceries owned by himself and another as partners, which was sold by him to plaintiff. The cause was sent to a referee, and upon his report judgment was rendered for defendant. Plaintiff appeals. In examining questions of fraud, all circumstances attending the transaction may be inquired into.
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Appeal from Woodbury Circuit Court. Action to recover for false and fraudulent representations, made by the defendant, as to the extent and amount of his interest in a stock of groceries owned by himself and another as partners, which was sold by him to plaintiff. The cause was sent to a referee, and upon his report judgment was rendered for defendant. Plaintiff appeals. In examining questions of fraud, all circumstances attending the transaction may be inquired into. (MoNorton v. Alters, 24 Iowa, 368; Price v Mahony, 24 Id., 582.) Fraud accompanied with damage is a good cause of action, (2…
1Opinion of the CourtBeck, J.
The plaintiff purchased of defendant his interest in a stock of groceries, owned by a firm of which defendant was a member. The defendant represented his interest to be $1,000 more than it really was, and stated that he had put in the firm a sum named, when in fact $1,000 of that sum was loaned to his partner. The interest purchased by plaintiff was less, by that amount, than he was induced to believe by the representations of defendant. To recover the loss and damage sustained by these fraudulent representations plaintiff sues.
The referee reported the following conclusions of fact:
“ 1. The…
2Cases cited1 opinion
- Bondurant v. CrawfordSupreme Court of Iowa · 1867
3Cited by25 opinions
- Bostwick v. Mutual Life Insurance Co.Wisconsin Supreme Court · 1903
- White Sewing MacHine Co. v. BullockSupreme Court of North Carolina · 1912
- Strand v. GriffithCourt of Appeals for the Eighth Circuit · 1899
- Massey v. . AlstonSupreme Court of North Carolina · 1917
- McGibbons v. WilderSupreme Court of Iowa · 1889
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