Smith v. Bolles
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF OHIO. The court in. its opinion, stated the case as follows: , Richard J. Bolles filed his petition against Lewis W. Smith on the twenty-first day of February, 1884, in the Circuit Court of the United States for the Northern District of Ohio, to recover damages for alleged fraudulent representations in the sale' of shares of mining stock, in place of which an amended petition was substituted.'on the…
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF OHIO. The court in. its opinion, stated the case as follows: , Richard J. Bolles filed his petition against Lewis W. Smith on the twenty-first day of February, 1884, in the Circuit Court of the United States for the Northern District of Ohio, to recover damages for alleged fraudulent representations in the sale' of shares of mining stock, in place of which an amended petition was substituted.'on the second day of March, 1886, by leave of court. The amended petition set up five causes of action: First. That in the…
1Opinion of the CourtChief Justice Fuller
The bill of exceptions states that the court charged the jury “ as to the law by which the jury were to be governed in the assessment of damages under the issues made in the case,” that “ the measure of recovery is generally the difference between the contract price and the reasonable market value, if the property had been as represented to be, or in case the property or stock is entirely worthless, then its value is what it would have been worth if it had been as represented by the defendant, and as may be shown in the evidence before you.”
In this there was error. The measure of damages was…
2Cases cited2 opinions
- Fitzsimmons v. ChapmanMichigan Supreme Court · 1877
- Slingerland v. . BennettNew York Court of Appeals · 1876
3Cited by159 opinions
- Blackie v. BarrackCourt of Appeals for the Ninth Circuit · 1975
- Myzel v. FieldsCourt of Appeals for the Eighth Circuit · 1967
- Reno v. . BullNew York Court of Appeals · 1919
- George v. HesseTexas Supreme Court · 1906
- Leif M. Hanson v. Ford Motor Company, a CorporationCourt of Appeals for the Eighth Circuit · 1960
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