Bradford v. Neill
Supreme Court of Minnesota
Action brought in the district court for Morrison county, to recover damages for alleged deceit of defendant in a transaction wherein plaintiff delivered to defendant a stallion, giving at the same time the bill of sale recited in the opinion, and received in exchange an assignment of a second mortgage of land in Belle Plaine in Scott county, on which there was then due $586, and $14 in money.
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Action brought in the district court for Morrison county, to recover damages for alleged deceit of defendant in a transaction wherein plaintiff delivered to defendant a stallion, giving at the same time the bill of sale recited in the opinion, and received in exchange an assignment of a second mortgage of land in Belle Plaine in Scott county, on which there was then due $586, and $14 in money. The deceit alleged consisted in false representations as to the situation of the mortgaged property with reference to the railway station in Belle Plaine, as to' the character of the buildings, and as…
1Opinion of the CourtGilfillan, C. J.
The assignment of error, based on an instruction of the court below to the jury, is not well founded, because the exception was not such as to direct the attention of the court to that instruction. The defendant also asked the court to instruct the jury that, if the maker of the note and mortgage was solvent at the time of the trade and thereafter, the plaintiff cannot recover, and the court refused to so instruct. The false representations sued upon were not as to the solvency of the maker of the note, but as to the situation, condition, and sufficiency of the real estate mortgaged as…
2Cases cited1 opinion
- Thompson v. LibbySupreme Court of Minnesota · 1885
3Cited by7 opinions
- Meland v. YoungbergSupreme Court of Minnesota · 1914
- Potter v. EastonSupreme Court of Minnesota · 1901
- Reconstruction Finance Corp. v. First National BankDistrict Court, D. Wyoming · 1955
- Bridenstine v. Gerlinger Motor Car Co.Oregon Supreme Court · 1917
- McNaughton v. WahlSupreme Court of Minnesota · 1906
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