Legal Opinion

Frost v. Arnaud

Supreme Court of Georgia

Decided August 13, 1915PublishedCited by 31 opinions

Equitable petition. Before Judge Ellis. Fulton superior court. January 29, 1914. ■ W. E. Arnaud and others brought suit against Jonathan B. Frost and J. M. -Bishop of Fulton county, and Thomas J. Shanley of the State of Montana, to recover money alleged to have been paid to them by the plaintiff in connection with the promotion of a corporation.

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Equitable petition. Before Judge Ellis. Fulton superior court. January 29, 1914. ■ W. E. Arnaud and others brought suit against Jonathan B. Frost and J. M. -Bishop of Fulton county, and Thomas J. Shanley of the State of Montana, to recover money alleged to have been paid to them by the plaintiff in connection with the promotion of a corporation. The petition (filed on September 30, 1912) alleged as follows: On September 30, 1905, Shanley entered into a contract with J. P. Brooke, whereby Brooke agreed to sell to Shanley certain described mining property located in Gwinnett county, Georgia; in…

1Opinion of the CourtEvans, P. J.

(After stating the foregoing facts.) According to the allegations of the petition the plaintiffs parted with their money through being fraudulently led into the purchase of -stock in a corporation which was never legally organized, and was but an instrumentality devised as a part of the defendants’ fraudulent scheme. The action is founded in the fraud of the defendants. Although the demurrer challenged the sufficiency of the petition as stating a cause of action, this ground of the demurrer was not argued in the brief, and will be treated as abandoned.

1. All actions for injuries to property,…

2Cases cited6 opinions

  1. Crawford v. CrawfordSupreme Court of Georgia · 1910
  2. Sutton v. DyeSupreme Court of Georgia · 1878
  3. Austin v. RaifordSupreme Court of Georgia · 1881
  4. Marler v. SimmonsSupreme Court of Georgia · 1888
  5. Freeman v. CraverSupreme Court of Georgia · 1876

1 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. Morris v. JohnstoneSupreme Court of Georgia · 1931
  2. Stephens v. WalkerSupreme Court of Georgia · 1942
  3. Fed. Deposit Ins. Corp. v. LoudermilkSupreme Court of Georgia · 2019
  4. Jim Walter Corp. v. WardSupreme Court of Georgia · 1980
  5. O'Callaghan v. Bank of EastmanSupreme Court of Georgia · 1935

26 more not listed; retrieve them via the Exa API.

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