Dilley v. Simmons National Bank
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court; Antonio B. Grace, Judge; STATEMENT BY THE COURT. The plaintiff, Simmons National Bank, instituted this action in the circuit court against F. L. Dilley to recover damages on account of fraud and deceit.
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Appeal from Jefferson Circuit Court; Antonio B. Grace, Judge; STATEMENT BY THE COURT. The plaintiff, Simmons National Bank, instituted this action in the circuit court against F. L. Dilley to recover damages on account of fraud and deceit. The facts in the case, as developed by the plaintiff, are substantially as follows: On the 4th day of February, 1907, plaintiff ivas induced to make a loan of three thousand dollars to the defendant by his statement that he owned fourteen hundred and ninety-six shares of the capital stock of the Dilley Foundry Company, a corporation, and that said stock was…
1Opinion of the Court
Hart, J.,
(after stating the facts). Counsel for the defendant invoke the defense of waiver by election. They contend that inasmuch as the plaintiff brought suit in the State courts against the defendant to recover on the note, they are now precluded from suing him in an action for fraud'and deceit. "We can not agree with their contention. The two remedies are not inconsistent. Plaintiff, in the present suit, admits the contract, and that it is bound by it. Its action is to recover damages on account of fraud and deceit, and its complaint alleges that it was induced to make the loan by reason…
2Cases cited10 opinions
- Neal v. ClarkSupreme Court of the United States · 1878
- Crawford v. BurkeSupreme Court of the United States · 1904
- Strang v. BradnerSupreme Court of the United States · 1885
- Forsyth v. VehmeyerSupreme Court of the United States · 1900
- Tindle v. BirkettSupreme Court of the United States · 1907
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Wright v. LakeSupreme Court of Arkansas · 1929
- Davis v. LawhonSupreme Court of Arkansas · 1932
- Gehlen v. PattersonSupreme Court of New Hampshire · 1928
- Vanderboom v. SextonDistrict Court, W.D. Arkansas · 1969
- Kapp v. Bob Sullivan Chevrolet Co.Supreme Court of Arkansas · 1960
6 more not listed; retrieve them via the Exa API.