McCabe v. Burns
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county: Of October and November Term 1869, No. 135. This was an action of assumpsit brought, July 18th 1867, by William P. McCabe against John Burns and Samuel Stevenson, to recover $250 paid by the plaintiff as part of the subscription price of a share of stock in an oil company, paid under fraudulent misrepresentations.
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Error to the District Court of Allegheny county: Of October and November Term 1869, No. 135. This was an action of assumpsit brought, July 18th 1867, by William P. McCabe against John Burns and Samuel Stevenson, to recover $250 paid by the plaintiff as part of the subscription price of a share of stock in an oil company, paid under fraudulent misrepresentations. The case was tried, July 7th 1869, before Kirkpatrick, J. The plaintiff gave in evidence this receipt:— “ Middletown, January 26th 1866. “Beceived of William P. McCabe $250, the first instalment on one share of stock in the Middletown…
1Opinion of the Court
The opinion of the court was delivered, January 3d 1871, by
Williams, J.
— This case does not come within the rule laid down in Pearsoll y. Chapin, 8 Wright 9, which decides that where a sale of land has been induced by the false and fraudulent representations of the vendor, the vendee must first tender a reconveyance before he can recover back the price paid. Here the plaintiff’s subscription, on which the money sought to be recovered was paid, was not' for land, but for stock in a company to he organized, of which the defendants were the promoters. The land purchased by the defendants was not…
2Cited by4 opinions
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- Commonwealth v. GoldsteinWashington County Court of Quarter Sessions · 1925