Legal Opinion

Foster v. Taggart

Wisconsin Supreme Court

Decided March 14, 1882PublishedCited by 8 opinions

APPEAL from the Circuit Court for Fond du Lae County. Action to recover damages for false representations made by defendant to the plaintiff in the sale of a note and mortgage. On the trial, defendant’s objection to the admission of any evidence under the complaint, on the. ground that it did not state a cause of action, was overruled. Eroma judgment entered in favor of the defendant for costs, etc., the plaintiff appealed.

1Opinion of the CourtOrton, J.

Objection was taken to any evidence under the ■ complaint, on the ground that the complaint did not state facts sufficient to constitute a cause of action; and such objection was sustained by the court. The action is for deceit or false representations by the defendant in the sale of a note and mortgage, and for damages occasioned thereby. The representation was, (1) that the mortgage was good, first-rate security for the sum promised by the notes and interest; (2) that $800 to $1,000 had been several times offered for one 40 of the 160 acres of land mortgaged, and that the defendant did not…

2Cases cited4 opinions

  1. Nye v. MerriamSupreme Court of Vermont · 1862
  2. Barber v. KilbournWisconsin Supreme Court · 1863
  3. Bartlett v. BlaineIllinois Supreme Court · 1876
  4. Castleman v. GriffinWisconsin Supreme Court · 1861

3Cited by8 opinions

  1. Shaw v. GilbertWisconsin Supreme Court · 1901
  2. Beetle v. AndersonWisconsin Supreme Court · 1897
  3. Stephens v. WheelerWisconsin Supreme Court · 1927
  4. Heal v. StollWisconsin Supreme Court · 1922
  5. Hahn v. Petters & Co.Wisconsin Supreme Court · 1926

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