Childs v. Merrill
Supreme Court of Vermont
Tbe action was case for false and fraudulent representations. Heard upon general demurrer to the declaration at the December term, 1890, Taft, J., presiding. The demurrer was overruled and the defendant excepted. Exceptions passed to the Supreme Court before final judgment.
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Tbe action was case for false and fraudulent representations. Heard upon general demurrer to the declaration at the December term, 1890, Taft, J., presiding. The demurrer was overruled and the defendant excepted. Exceptions passed to the Supreme Court before final judgment. The material part of the declaration, after stating that the defendant had applied to the plaintiff to endorse for him a note in the sum of $600, was as follows: “ And as an inducement to the plaintiff to endorse said promissory note for him, the defendant, the defendant then and there falsely, fraudulently and deceitfully…
1Opinion of the Court
The opinion of the court was delivered by
ROSS, Ch. J.
The contention is whether the declaration when encountered by a general demurrer, discloses a cause of action. It sets forth that the defendant, being pecuniarily embarrassed and desirous of raising money, procured the plaintiff as a matter of accommodation, to indorse his promissory note for six hundred dollars; and to induce the plaintiff to make the indorsement, the defendant falsely, and fraudulently represented to him, that he owned, unincumbered and in fee, certain lands in California, and certain shares of railroad stock, and two…
2Cases cited11 opinions
- Chamberlin v. FullerSupreme Court of Vermont · 1886
- Mallory v. LeachSupreme Court of Vermont · 1862
- Fitzsimmons v. JoslinSupreme Court of Vermont · 1849
- Hodgeden v. HubbardSupreme Court of Vermont · 1846
- Poor v. WoodburnSupreme Court of Vermont · 1853
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Land Finance Corp. v. Sherwin Electric Co.Supreme Court of Vermont · 1929
- Donovan v. TowleSupreme Court of Vermont · 1926
- Shanks v. WhitneySupreme Court of Vermont · 1894
- Manley v. JohnsonSupreme Court of Vermont · 1911
- Howton v. E. A. Strout Farm AgencySupreme Court of Vermont · 1916
5 more not listed; retrieve them via the Exa API.