Metzger v. Franklin Bank
Indiana Supreme Court
From the Shelby Circuit Court.
1Opinion of the Court
Berkshire, J. —
This is an action to recover a sum of money which the appellant claims is justly due him from the appellee.
From the examination which we have made of the complaint we are inclined to the opinion that it does not state a cause of action, for the following reasons: 1. If fraud is to be regarded as the gravamen of the action, the facts alleged do not constitute a fraud. 2. If negligence is to be regarded as the foundation of the action, there is no negation of con-ti’ibutory negligence alleged. 3. If the action is to be regarded as resting on a breach of contract, no consideration…
2Cases cited8 opinions
- Ohio & Mississippi Railway Co. v. WalkerIndiana Supreme Court · 1888
- Higham v. HarrisIndiana Supreme Court · 1886
- Alexander v. SwackhamerIndiana Supreme Court · 1886
- Samuel v. CheneyMassachusetts Supreme Judicial Court · 1883
- Dunbar v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1872
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Murphy v. Metropolitan National BankMassachusetts Supreme Judicial Court · 1906
- Montgomery Garage Co. v. Manufacturers Liability InsuranceSupreme Court of New Jersey · 1920
- Georgia Railroad & Banking Co. v. ReidSupreme Court of Georgia · 1893
- Russell v. Second National Bank of PatersonSupreme Court of New Jersey · 1947
- Swaim v. SwaimIndiana Supreme Court · 1893
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