Humphrey v. Merriam
Supreme Court of Minnesota
Action brought in the district court for Ramsey county on December 15, 1885, to recover $15,000 damages for alleged deceit and breach of warranty in the sale of stock of the Florence Mining Company, on December 22, 1879. The complaint alleges that the sale was negotiated on behalf of defendant by one Carver, who, during •the negotiations, made false and fraudulent representations as to the condition and productiveness of the company’s mine at the Black Hills, and as to the…
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Action brought in the district court for Ramsey county on December 15, 1885, to recover $15,000 damages for alleged deceit and breach of warranty in the sale of stock of the Florence Mining Company, on December 22, 1879. The complaint alleges that the sale was negotiated on behalf of defendant by one Carver, who, during •the negotiations, made false and fraudulent representations as to the condition and productiveness of the company’s mine at the Black Hills, and as to the company’s indebtedness, and that Carver also warranted each of the facts represented. The complaint also alleges the…
1Opinion of the CourtDickinson, J.
This appeal of the plaintiff from an order refusing a new trial brings here for review the sufficiency of the case made by the plaintiff at the trial to justify a recovery. Upon the plaintiff’s case, the court refused to submit the cause to the jury, and dismissed the action. This action was commenced after the decision in Humphrey v. Merriam, 32 Minn. 197, (20 N. W. Rep. 138,) and is based upon the same facts upon which that action was prosecuted,— that is, for deceit in the sale of mining stock; but in this action the plaintiff seeks to recover, not merely upon the ground that the…
2Cases cited2 opinions
- Humphrey v. MerriamSupreme Court of Minnesota · 1884
- Humphrey v. MerriamSupreme Court of Minnesota · 1887
3Cited by1 opinion
- Phillips v. CrosbySupreme Court of New Jersey · 1903