Cheney v. Dickinson
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Eastern Division of the Northern District of Illinois. Plaintiff in error, who was plaintiff below, seeks the reversal of a judgment based on a directed verdict for the defendants. One Flagler was also named as a defendant in the declaration; but he was not served with process and did not appear, so the case was tried without him.
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In Error to the Circuit Court of the United States for the Eastern Division of the Northern District of Illinois. Plaintiff in error, who was plaintiff below, seeks the reversal of a judgment based on a directed verdict for the defendants. One Flagler was also named as a defendant in the declaration; but he was not served with process and did not appear, so the case was tried without him. The declaration (in outline) charged that the defendants, including Flagler, organized a corporation with charter powers to manufacture and sell steel tubes and other steel and iron products; that they…
1Opinion of the CourtBaker, Circuit Judge
(after stating the facts as above). A person who finds that he has'parted with his money through being fraud--*111ulently led into a purchase may pursue either one of two remedies at law. He may repudiate the purchase, surrender the property to the vendor, and recover the consideration. Such an action manifestly can be maintained only against the party from whom he purchased the property and to whom (or to whose order) he paid the consideration. Or he may affirm and abide by the purchase, retain the property, and recover the difference between what he paid and the value of what he received and is…
2Cases cited8 opinions
- Hindman v. First Nat. Bank of LouisvilleCourt of Appeals for the Sixth Circuit · 1902
- Lehigh Zinc and Iron Company v. BamfordSupreme Court of the United States · 1893
- Simon v. Goodyear Metallic Rubber Shoe Co.Court of Appeals for the Sixth Circuit · 1900
- Kingman & Co. v. StoddardCourt of Appeals for the Seventh Circuit · 1898
- Wilson v. New United States Cattle-Ranch Co.Court of Appeals for the Eighth Circuit · 1896
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Wollenberger v. HooverIllinois Supreme Court · 1931
- Reynolds Jamaica Mines, Ltd. v. La Societe Navale CaennaiseCourt of Appeals for the Fourth Circuit · 1956
- Wesley v. DiamondSupreme Court of Oklahoma · 1910
- Ringsby Truck Lines, Inc. v. Laurence J. BeardsleyCourt of Appeals for the Eighth Circuit · 1964
- Young v. MainCourt of Appeals for the Eighth Circuit · 1934
15 more not listed; retrieve them via the Exa API.