Beetle v. Anderson
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for La Crosse county: O. B. Wyman, Circuit Judge. This is an action to recover damages for fraud in the sale of an interest in a'mortgage on lands and personal securities. The defendant sold to the plaintiffs an undivided one-half interest in certain promissory notes which wei’e secured by mortgages on land and on chattels, and by the pledge of certain stock in a corporation for manufacturing lumber.
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Appeal from a judgment of the circuit court for La Crosse county: O. B. Wyman, Circuit Judge. This is an action to recover damages for fraud in the sale of an interest in a'mortgage on lands and personal securities. The defendant sold to the plaintiffs an undivided one-half interest in certain promissory notes which wei’e secured by mortgages on land and on chattels, and by the pledge of certain stock in a corporation for manufacturing lumber. The notes were of the amount of $20,619.20. The transaction was negotiated by a broker, one Charles Wattley, who seems to have been employed by the…
1Opinion of the CourtNewmah, J.
The principal errors claimed are in the instructions of the court!
The court instructed the jury, at the defendant’s request, that “ it was the duty of the plaintiffs to make investigation for themselves as to the nature, quality, and value of the securities offered and purchased by them; and the maxim, Get the purchaser beware,’ is applicable to the sales of all species of personal property.” The’ issue in the case was whether the sale had been induced by fraudulent representations of the seller. The rule caveat emjptor has no application to cases of fraud. Story, Sales (4th ed.), § 378.…
2Cases cited6 opinions
- Gunther v. UllrichWisconsin Supreme Court · 1892
- Montreal River Lumber Co. v. MihillsWisconsin Supreme Court · 1891
- Miner v. MedburyWisconsin Supreme Court · 1858
- Porter v. BeattieWisconsin Supreme Court · 1894
- Cotzhausen v. SimonWisconsin Supreme Court · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Bostwick v. Mutual Life Insurance Co.Wisconsin Supreme Court · 1903
- Hart v. MoultonWisconsin Supreme Court · 1899
- Standard Manufacturing Co. v. SlotWisconsin Supreme Court · 1904
- McArthur v. MoffetWisconsin Supreme Court · 1910
- Beyer v. St. Paul Fire & Marine InsuranceWisconsin Supreme Court · 1901
16 more not listed; retrieve them via the Exa API.