Granniss v. Bates & Comer
Supreme Court of Georgia
Equity. Fraud. Before Judge Hill. Bibb Superior Court.' October Term, 1874. Comer filed his bill against Granniss, making, in brief, this case: In July, 1873, complainant instructed one J. F. Hanson, a broker, to buy, in Macon, for him one thousand shares in the “Southern Insurance Company,” located in Savannah, where complainant resided, at $1 50 per share, and not to exceed $1 75 per share; the par value of each share being $10 00 per share, with $2 50 per share paid in.
Read the full summary
Equity. Fraud. Before Judge Hill. Bibb Superior Court.' October Term, 1874. Comer filed his bill against Granniss, making, in brief, this case: In July, 1873, complainant instructed one J. F. Hanson, a broker, to buy, in Macon, for him one thousand shares in the “Southern Insurance Company,” located in Savannah, where complainant resided, at $1 50 per share, and not to exceed $1 75 per share; the par value of each share being $10 00 per share, with $2 50 per share paid in. Hanson, mistaking and misapprehending his'instructions, not knowing the par value of the stock or amount paid in on it,…
1Opinion of the Court
Warner, Chief Justice.
This was a bill filed by the complainant against the defendant, to set aside the sale of one thousand shares of stock in the Southern Insurance and Trust Company alleged to'have been made by the defendant to the complainant’s agent, on the ground of fraud and mistake. The defendant filed a general demurrer 'to the complainant’s bill which was overruled by the court and the defendant excepted.
*150Fraud may be either actual or constructive.. Actual fraud consists in any kind of artifice by which another is deceived. Constructive fraud consist's of any act of omission, or…
2Cited by3 opinions
- Comer v. GrannissSupreme Court of Georgia · 1885
- Comer v. GrannisSupreme Court of Georgia · 1885
- Comer v. GrannisSupreme Court of Georgia · 1885