Bettendorf v. Bettendorf
Supreme Court of Iowa
Appeal from Scott District Court. — F. D. Letts, Judge. The plaintiff, widow of Wm. P. Bettendorf, recovered judgment against Joseph W. Bettendorf for $522,392.34, from which judgment he appeals. As her demand was for judgment in the sum of $3,000,000, she subsequently perfected an appeal, and may be referred to as appellee. Other parties were in the case, but nothing is now claimed against them. —
1DissentSalinger, J.
Like the majority, I find it conducive to clarity to deal separately with the several claims of the plaintiff.
In pleading false representations and scienter, plaintiff has assumed an unnecessary burden. A fiduciary relation existed between her and the defendant at the time he bought her stock, and therefore the burden is on him to show that he dealt fairly with plaintiff, and neither misrepresented any material fact nor failed in any duty to make full and fair disclosure.
The representations and failure to make disclosure charged in connection with the purchase of the stock are three: (a) The…
2Cases cited18 opinions
- Wood v. CarpenterSupreme Court of the United States · 1879
- Twin-Lick Oil Co. v. MarburySupreme Court of the United States · 1876
- Colton v. StanfordCalifornia Supreme Court · 1890
- Blanc v. ConnorCalifornia Supreme Court · 1914
- Hoyt v. LathamSupreme Court of the United States · 1892
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