Jandt v. Potthast
Supreme Court of Iowa
Appeal from Carroll District Court. — Hon. Z. A. Church, Judge. This is an action of replevin for the recovery of certain goods, or the value thereof, which it is alleged defendant W. H. Potthast obtained by false and fraudulent representations as to his financial condition, which representations were made orally and in writing; that said representations were false, and known to be so by said defendant when made, and were made with the intent of deceiving the plaintiff; that…
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Appeal from Carroll District Court. — Hon. Z. A. Church, Judge. This is an action of replevin for the recovery of certain goods, or the value thereof, which it is alleged defendant W. H. Potthast obtained by false and fraudulent representations as to his financial condition, which representations were made orally and in writing; that said representations were false, and known to be so by said defendant when made, and were made with the intent of deceiving the plaintiff; that plaintiff relied upon the truthfulness of said representations in parting with the goods, and has elected to rescind…
1Opinion of the CourtKinne, C. J.
1 *2262 3 *225I. When Allen, the plaintiff’s agent, sold the goods to the defendant W. H. Potthast, the latter filled out and signed a printed blank statement for the purpose of obtaining credit. The statement was addressed to the plaintiff, and, in part, read: “For the purpose of obtaining credit with your firm for merchandise, * * * I, W. H. Potthast, * * * do make the following full and complete statement of my resources and liabilities.” Then followed a schedule' showing various *226resources, of oyer five thousand dollars, and no liabilities. On the liability side of the statement appeared the…
2Cases cited4 opinions
- Beroud v. LyonsSupreme Court of Iowa · 1892
- Scroggin v. WoodSupreme Court of Iowa · 1893
- Hove v. McHenry & AllisonSupreme Court of Iowa · 1882
- Steele v. MattesonMichigan Supreme Court · 1883
3Cited by3 opinions
- Hart v. MoultonWisconsin Supreme Court · 1899
- Brakefield v. SheltonSupreme Court of Kansas · 1907
- In re Woerderhoff Shoe Co.District Court, N.D. Iowa · 1960