Legal Opinion

Jacobsen v. Whitely

Wisconsin Supreme Court

Decided March 9, 1909PublishedCited by 38 opinions

Appeal from a judgment of tbe circuit court for Winnebago county: Geo. W. BubNell, Circuit Judge. Action for damages from deceit.

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Appeal from a judgment of tbe circuit court for Winnebago county: Geo. W. BubNell, Circuit Judge. Action for damages from deceit. Tbe plaintiff claimed tbat be was induced to buy capital stock at par to tbe amount of $3,000 in tbe Topliff Dry Goods Company, a corporation of this state, by fraudulent representations of tbe defendants to tbe effect tbat said company was doing a prosperous business, tbat its business was in a flourishing condition, tbat for tbe year 1904 it made a net profit in its business of over $4,000, and tbat tbe amount of its indebtedness was about $19,000 and its assets…

1Opinion of the CourtDodge, J.

As this case went off on nonsuit at the close of the plaintiff’s evidence, it is only necessary to inquire whether there was any credible evidence which, taken with all intend-ments and reasonable inferences most favorably to the plaintiff, tended to establish the cause of action. It is undeniable that there was evidence that the defendants represented to the plaintiff that the corporation had assets of about $50,000; that its debts were only about $19,000; that it was doing a prosperous business and earned a substantial profit the preceding year; also that each of those statements was false,…

2Cases cited17 opinions

  1. Bostwick v. Mutual Life Insurance Co.Wisconsin Supreme Court · 1903
  2. Kaiser v. NummerdorWisconsin Supreme Court · 1904
  3. Bowe v. GageWisconsin Supreme Court · 1906
  4. Fox v. WilkinsonWisconsin Supreme Court · 1907
  5. McClellan v. ScottWisconsin Supreme Court · 1869

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3Cited by38 opinions

  1. Metavante Corp. v. Emigrant Savings BankCourt of Appeals for the Seventh Circuit · 2010
  2. In the Matter of Ben F. Garman, Bankrupt. The Northern Trust Company v. Ben F. GarmanCourt of Appeals for the Seventh Circuit · 1980
  3. Marian Hutter Owen v. Herbert Wangerin, Mary Wangerin, Dave ThompsonCourt of Appeals for the Seventh Circuit · 1993
  4. D'Huyvetter v. A.O. Smith Harvestore ProductsCourt of Appeals of Wisconsin · 1991
  5. Bean v. BickleySupreme Court of Iowa · 1919

33 more not listed; retrieve them via the Exa API.

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