Legal Opinion

Simonds v. Cash

Michigan Supreme Court

Decided May 17, 1904No. Docket No. 66PublishedCited by 5 opinions

Error to Ionia; Davis, J. Assumpsit by Francis K. Simonds against Vincent P. Cash to recover the amount paid on an alleged fraudulent sale of mortgages. From a judgment for plaintiff, defendant brings error.

1Opinion of the CourtCarpenter, J.

In the month of July, 1892, defendant sold to plaintiff certain mortgages upon land in North Dakota. On the 25th of May, 1894, under the claim that he was induced to make this purchase by the fraudulent representations of defendant, plaintiff tendered them back, and demanded the return of the amount paid therefor. Defendant refused to comply with this demand, and plain.tiff subsequently brought this suit, and recovered a verdict and judgment in the court below.

' Defendant insists that plaintiff was improperly permitted to recover by reason of misrepresentations contained in certain…

2Cases cited3 opinions

  1. Busch v. WilcoxMichigan Supreme Court · 1890
  2. Cornell v. CraneMichigan Supreme Court · 1897
  3. People v. RushMichigan Supreme Court · 1897

3Cited by5 opinions

  1. Smith v. StateSupreme Court of Georgia · 1925
  2. Ralston Purina Co. v. NovakCourt of Appeals for the Eighth Circuit · 1940
  3. Zadel v. SimonMichigan Supreme Court · 1922
  4. Arthur v. GrahamCalifornia Court of Appeal · 1923
  5. Cohn-Goodman Co. v. People's Savings BankMichigan Supreme Court · 1918

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API