Legal Opinion · Concurrence

Farmers' Savings Bank v. Jameson

Supreme Court of Iowa

Decided April 10, 1916Published

Appeal from Blackhawk District Court. — Chas. W. Mullan, Judge. ' Action at law to recover damages for fraud and deceit accomplisbed by means of a letter written by defendant to plaintiff, wbicb is alleged to have induced plaintiff to loan a large sum of money to the Central Iowa Granite Company. Verdict and judgment for plaintiff in the sum of $40,000. Defendant appeals.

1ConcurrenceDeemer, J.

(specially concurring) — While agreeing to a reversal of the case, I dissent from the ground thereof, and from the legal conclusion announced in the opinion. I especially dissent from the finding that there was not sufficient evidence of fraud and false representations to take the case to a jury. I disagree with the conclusion that, even if there be fraud and actionable misrepresentations, no recovery can be had, because of payments which should be credited to the account, and especially disagree with the rule of ■ damages announced in this tort action for deceit.

The first is a question of…

2Cases cited53 opinions

  1. Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
  2. Gold-Mining Co. v. National BankSupreme Court of the United States · 1878
  3. Pangborn v. WestlakeSupreme Court of Iowa · 1873
  4. Sloan v. EdwardsCourt of Appeals of Maryland · 1883
  5. Mentzer v. Western Union Telegraph Co.Supreme Court of Iowa · 1895

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