Livermore v. Middlesborough Town Lands Co.
Court of Appeals of Kentucky
Case 13 — RESCISSION FOR FRAUDULENT MISREPRESENTATION — APPEAL PROM DELL CIRCUIT COURT. 1. The facts developed by the testimony show actual fraud on the part of the promoters of the Middlesborough Company in the contract in which the notes sued on were executed. 2. If a statement olf fact actually is: not true, is> made by a person who honestly believes it to he true, 'but under such circumstances as devolved upon him the duty of knowing its truth, such representations are…
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Case 13 — RESCISSION FOR FRAUDULENT MISREPRESENTATION — APPEAL PROM DELL CIRCUIT COURT. 1. The facts developed by the testimony show actual fraud on the part of the promoters of the Middlesborough Company in the contract in which the notes sued on were executed. 2. If a statement olf fact actually is: not true, is> made by a person who honestly believes it to he true, 'but under such circumstances as devolved upon him the duty of knowing its truth, such representations are fraudulent in equity, as nothing overcomes a preexisting duty of knowing and telling the truth. Citations: Peyton v.…
1Opinion of the Court
JUDGE DuRiELLE
delivered ti-ie opinion oe the court.
The appellee, the Middlesborough Town Lands Company, a Kentucky corporation, brought suit against appellant, averring that on the 17th day of October, 1889, the Middles-borough Town Company sold Livermore five lots in the city of Middlesborough, for the deferred payments upon each of which Livermore executed three notes, due one, two and three years after date. The note due one year after date had been paid, and judgment was prayed for the amount of the notes due at two and three years, and for the enforcement of the vendor’s lien retained in…
2Cases cited16 opinions
- Wood v. WoodCourt of Appeals of Kentucky · 1880
- Prewitt v. TrimbleCourt of Appeals of Kentucky · 1891
- English v. ThomassonCourt of Appeals of Kentucky · 1884
- Waters v. MattingleyCourt of Appeals of Kentucky · 1808
- Ball v. LivelyCourt of Appeals of Kentucky · 1836
11 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Crescent Grocery Co. v. VickCourt of Appeals of Kentucky · 1922
- Republic Bank & Trust Co. v. Bear, Stearns & Co.District Court, W.D. Kentucky · 2010
- Ripy v. CronanCourt of Appeals of Kentucky · 1909
- Baker v. McDonaldCourt of Appeals of Kentucky · 1919
- Ellenburg v. Edward K. Love Realty Co.Supreme Court of Missouri · 1933
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