Legal Opinion

Columbia Electric Co. v. Dixon

Supreme Court of Minnesota

Decided July 1, 1891PublishedCited by 18 opinions

Appeal by defendant from an order of the district court for Eamsey county, Otis, J., presiding, striking out portions of his answer,' alleging, among other things, false and fraudulent representations made by one Handy when obtaining from plaintiff a note of which the note in suit (for $750) is a'renewal.

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Appeal by defendant from an order of the district court for Eamsey county, Otis, J., presiding, striking out portions of his answer,' alleging, among other things, false and fraudulent representations made by one Handy when obtaining from plaintiff a note of which the note in suit (for $750) is a'renewal. These alleged representations were that the Acme Electric Co. (a Minnesota corporation) had bought and did own a, patent electric lamp of great value, in the manufacture and sale of which the corporation would speedily make large sums of money; that the corporation owned other valuable…

1Opinion of the CourtMitchell, J.

This action was upon a promissory note executed by the defendant to the plaintiff corporation. The first defence was merely an allegation that the defendant was.not a corporation. The substance of the second defence was that through the false and fraudulent representations of one Handy, representative of a corporation styled the “Acme Electric Company,” as to the character and value, present and prospective, of the assets and stock of that corporation, the defendant was induced to subscribe to its stock, and to give his note therefor to that company; that subsequently the note now sued on was…

2Cases cited3 opinions

  1. Holbrook v. St. Paul Fire & Marine InsuranceSupreme Court of Minnesota · 1878
  2. Trustees of East Norway Lake Norwegian Evangelical Lutheran Church v. FroislieSupreme Court of Minnesota · 1887
  3. French v. DonohueSupreme Court of Minnesota · 1882

3Cited by18 opinions

  1. Hahl v. KelloggCourt of Appeals of Texas · 1906
  2. Marson v. DeitherSupreme Court of Minnesota · 1892
  3. Galbraith v. McDonaldSupreme Court of Minnesota · 1913
  4. Adan v. SteinbrecherSupreme Court of Minnesota · 1911
  5. Barnard v. TidrickSouth Dakota Supreme Court · 1915

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