Shelton v. Healy
Supreme Court of Connecticut
Action to recover damages for fraud, brought to the Superior Court in New Haven County and tried to the court, George W. Wheeler, J.; facts found and judgment rendered for the plaintiff for $4,315, and appeal by the defendant for alleged errors in the rulings of the court.
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Action to recover damages for fraud, brought to the Superior Court in New Haven County and tried to the court, George W. Wheeler, J.; facts found and judgment rendered for the plaintiff for $4,315, and appeal by the defendant for alleged errors in the rulings of the court. The substituted complaint alleged, in part, that the defendant on May 27th, 1897, was the owner of 640 shares of the stock of the Charter Oak Brick Company, and that ever since its organization he had been a director, and the president and manager of the company, and had full knowledge of its condition and business; that…
1Opinion of the CourtHall, J.
The principal complaint of the defendant in this appeal is that upon the trial in the Superior Court the plaintiff was permitted to offer evidence of fraudulent representations, made to induce the exchange in question, which were not alleged in the pleadings, and that such representations were found proven and were made the basis of the judgment rendered.
The representations, as alleged in the complaint, are in substance that the business of the Charter Oak Brick Company was very prosperous, yielding a profit of $100 per day, and paying large dividends, and that the stock of the company was…
2Cases cited2 opinions
- Gustafson v. RustemeyerSupreme Court of Connecticut · 1898
- Hick v. ThomasCalifornia Supreme Court · 1891
3Cited by6 opinions
- Shine v. DodgeSupreme Judicial Court of Maine · 1931
- Ludowese v. AmidonSupreme Court of Minnesota · 1914
- Smyth Sales, Inc. v. Petroleum Heat & Power Co.Court of Appeals for the Third Circuit · 1942
- Hamilton v. GalbraithCourt of Appeals of Tennessee · 1932
- Robert v. FinbergSupreme Court of Connecticut · 1912
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