Legal Opinion

Hornblower v. Crandall

Missouri Court of Appeals

Decided May 20, 1879PublishedCited by 12 opinions

Appeal from St. Louis Circuit Court. Eepresentations as to the original cost of property under such circumstances, where there is no fiduciary relation between the parties, furnish no ground for rescission. —Holbrook v. Connor, 60 Me. 578 ; Hamer v. Cooper, 8 Allen, 334; Mooney v. Miller, 102 Mass. 202; Cooper v. Levering, 106 Mass. 79 ; New Phosphate Co. v. Brlanger, 4 Cent.

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Appeal from St. Louis Circuit Court. Eepresentations as to the original cost of property under such circumstances, where there is no fiduciary relation between the parties, furnish no ground for rescission. —Holbrook v. Connor, 60 Me. 578 ; Hamer v. Cooper, 8 Allen, 334; Mooney v. Miller, 102 Mass. 202; Cooper v. Levering, 106 Mass. 79 ; New Phosphate Co. v. Brlanger, 4 Cent. L. J. 510. Caveat emptor applies. — Bishop v. Small, 63 Me. 13; Long v. Woodman, 58 Me. 49 ; Laidlaw v. Organ, 2 Wheat. 178; Bench v. Sheldon, 14 Barb. 66; Kintzing v. McBlrath, 5 Pa. St. 467. The representations made…

1Opinion of the CourtHayden, J.

The petition, which contains the allegations necessary to an action on the case for deceit, charges that the defendants, of whom only two, Conlogue and McKeen, have appealed, conspired together to form a “ bubble company,” nominally for the purpose of working lead-lands in Missouri ; issued stock, and by false representations and other means fraudulently induced the plaintiff to purchase worthless shares. The defendants denied these allegations ; but the issues thus raised it is unnecessary to give, as by con*225sent the case went to a referee, who found the facts upon questions propounded.

It…

2Cases cited8 opinions

  1. Chester v. . DickersonNew York Court of Appeals · 1873
  2. Castle v. BullardSupreme Court of the United States · 1860
  3. Miller v. . BarberNew York Court of Appeals · 1876
  4. Morgan v. . SkiddyNew York Court of Appeals · 1875
  5. Cazeaux v. MaliNew York Supreme Court · 1857

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3Cited by12 opinions

  1. Downey v. . FinucaneNew York Court of Appeals · 1912
  2. Fallert Tool & Engineering Co. v. McClainMissouri Court of Appeals · 1979
  3. Lane v. FennNew York Supreme Court · 1909
  4. Hornblower v. CrandallSupreme Court of Missouri · 1883
  5. Bullowa v. GladdingSupreme Court of Rhode Island · 1917

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