Damm v. Vincent
Michigan Supreme Court
Error to St. Clair; Tappan, J. Assumpsit by Charles Damm against Edward L. Vincent for money obtained by fraud and deceit. Judgment for defendant. Plaintiff brings error» Plaintiff sues in assumpsit seeking to recover the sum of $1,500. It appears from the record that the plaintiff is 53 years old, a laboring man, and in the year 1907 was employed as a watchman in the city of Woodstock, Ontario.
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Error to St. Clair; Tappan, J. Assumpsit by Charles Damm against Edward L. Vincent for money obtained by fraud and deceit. Judgment for defendant. Plaintiff brings error» Plaintiff sues in assumpsit seeking to recover the sum of $1,500. It appears from the record that the plaintiff is 53 years old, a laboring man, and in the year 1907 was employed as a watchman in the city of Woodstock, Ontario. At that time he was the owner of a real estate mortgage for $4,200, inherited from his father’s estate. He was well acquainted with one Robert Colwell who resided in Port Huron, and had lived with…
1Opinion of the CourtBrooke, J.
(after stating the facts). There are some 25 assignments of error which we find'it unnecessary to discuss seriatim. That plaintiff was victimized in the transaction by Fraser and his irresponsible tool, Colwell, clearly appears from this rec*156ord. That defendant, Vincent, was either morally or legally bound by those representations does not so clearly appear, but, assuming that defendant, Vincent, was engaged actively in a conspiracy with Fraser and Colwell to defraud plaintiff, and that the fraud was accomplished, there would appear to be an insuperable objection to plaintiffs recovery. It is…
2Cases cited3 opinions
- Jewett v. PetitMichigan Supreme Court · 1857
- Campau v. Van DykeMichigan Supreme Court · 1867
- Wright v. PeetMichigan Supreme Court · 1877
3Cited by2 opinions
- Jensen v. EvansMichigan Supreme Court · 1925
- Koffman v. I. O. O. F. Lodge No. 418Michigan Supreme Court · 1937