Holmes v. Cathcart
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover from defendants, Alexander Cathcart and Pioneer Apartment House Company, $10,000 damages for alleged fraud upon plaintiff committed by defendant Cathcart, in collusion with defendant company, while acting as plaintiff’s agent in the exchange of real estate. The case was tried before Brill, J., who, upon conclusion of plaintiff’s testimony, directed a verdict in favor of defendants.
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Action in the district court for Ramsey county to recover from defendants, Alexander Cathcart and Pioneer Apartment House Company, $10,000 damages for alleged fraud upon plaintiff committed by defendant Cathcart, in collusion with defendant company, while acting as plaintiff’s agent in the exchange of real estate. The case was tried before Brill, J., who, upon conclusion of plaintiff’s testimony, directed a verdict in favor of defendants. From án order denying a motion for judgment notwithstanding the verdict or for a new trial, plaintiff appealed.
1Opinion of the CourtBrown, J.
The facts in this case are substantially as follows: Plaintiff, who resides at Buffalo, New York, was the owner of twelve houses in the city of St. Paul, all of which were clear and free of incumbrance. The houses were somewhat out of repair, and, to render them habitable, certáin expenses were necessary to be incurred; and, to avoid that expense, plaintiff was anxious to exchange the houses for other property. Defendant Cathcart was her agent, and acted for her in the care and management of the houses, collecting rents, making needed repairs, placing insurance on the property, and, in a way,…
2Cases cited4 opinions
- Hegenmyer v. MarksSupreme Court of Minnesota · 1887
- Tilleny v. WolvertonSupreme Court of Minnesota · 1891
- Newbold v. WrightSupreme Court of Pennsylvania · 1833
- Devall v. BurbridgeSupreme Court of Pennsylvania · 1842
3Cited by25 opinions
- Doyen v. BauerSupreme Court of Minnesota · 1941
- Hershey v. Keyes CompanyDistrict Court of Appeal of Florida · 1968
- Easterly v. MillsWashington Supreme Court · 1909
- Pederson v. JohnsonWisconsin Supreme Court · 1919
- Zwick v. United Farm Agency, Inc.Wyoming Supreme Court · 1976
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