Hazlett v. Burge
Supreme Court of Iowa
Appeal from IAnn Distriet Court. This is au action against the defendant to recover damages for alleged fraudulent representations made to the plaintiff. The com’t sustained a demurrer to the petition.
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Appeal from IAnn Distriet Court. This is au action against the defendant to recover damages for alleged fraudulent representations made to the plaintiff. The com’t sustained a demurrer to the petition. The material averments of the petition are as follows: That on the 27th of December, 1859, one William Wain, now deceased, executed a note for $112.27, of which plaintiff is now the owner; that after the decease of said Wain, tó wit, on the 6th day of July, 1860, the defendant was duly appointed administrator of his estate; that on the 28th of October, 1861, the plaintiff then being the owner…
1Opinion of the CourtDillon, J.
1. Fraud: fraudulent representations of administrator: barred claims. The appellant, in his argument, claims that the basis of the action is frcmct, consisting of the deceitfri an<^ fraudulent practices of the defendant, resulting in injury to the plaintiff; that the promise of defendant in relation to the lands jg ge£ 01rj. for -j^g purpose 0f showing the fraud, and the means by which it was made effectual. The main allegations consist in the charge that the defendant “ fraudulently pretended that he would^consent to the allowance of said claim,” and made propositions to pay it in land,…
2Cited by3 opinions
- Markel v. MoudyNebraska Supreme Court · 1881
- Bolds v. WoodsIndiana Court of Appeals · 1894
- Depugh v. FrazierSupreme Court of Iowa · 1914