Legal Opinion

Grindrod v. Anglo-American Bond Co.

Montana Supreme Court

Decided April 30, 1906No. 2,247PublishedCited by 25 opinions

Appeal from District Court, Lewis and Clark County; J. M. Clements, Judge. Action by Edward Grindrod against the Anglo-American Bond Company. Judgment for plaintiff, and defendant appeals. Where the party claiming to have been deceived investigates for himself, or the means are at hand to ascertain the truth or falsity of the representations, reliance upon the representations, however false they may be, affords no ground for action.

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Appeal from District Court, Lewis and Clark County; J. M. Clements, Judge. Action by Edward Grindrod against the Anglo-American Bond Company. Judgment for plaintiff, and defendant appeals. Where the party claiming to have been deceived investigates for himself, or the means are at hand to ascertain the truth or falsity of the representations, reliance upon the representations, however false they may be, affords no ground for action. (Slaughter v. Gerson, 13 Wall. 379, 20 L. Ed. 627, cited and approved by this court in Pierce v. Ten Eyck, 9 Mont. 353, 23 Pac. 423; Osborne v. Missouri Pac. By.…

1Opinion of the CourtChief Justice Beantly

This action was brought to recover from defendant certain sums of money with interest thereon from September 12, 1904, amounting in the aggregate to $1,750, which the plaintiff alleges he paid to defendant under contracts into which he was induced to enter by false and fraudulent representations made by defendant.

The complaint contains two causes of action. Omitting the formal parts, the first of these alleges, in substance, that on May 12, 1903, plaintiff and defendant, a corporation organized under the laws of California and doing business in California and *172also in Montana, entered into a…

2Cases cited8 opinions

  1. Slaughter's Administrator v. GersonSupreme Court of the United States · 1872
  2. Farnsworth v. DuffnerSupreme Court of the United States · 1891
  3. Long v. . WarrenNew York Court of Appeals · 1877
  4. Andrus v. St. Louis Smelting & Refining Co.Supreme Court of the United States · 1889
  5. Cagney v. CusonIndiana Supreme Court · 1881

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3Cited by25 opinions

  1. Lee v. Stockmen's National BankMontana Supreme Court · 1922
  2. Power & Bro., Ltd. v. TurnerMontana Supreme Court · 1908
  3. Van Ettinger v. PappinMontana Supreme Court · 1978
  4. Koch v. RhodesMontana Supreme Court · 1920
  5. Lowe v. RootMontana Supreme Court · 1975

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