Tapper v. Washington Refining Co.
Supreme Court of Iowa
Appeal from Linn District Court. — Milo P. Smith, Judge. Each of the two above-entitled eases was brought in equity, to rescind the sale to plaintiff of 10 shares of the capital stock of the Washington Refining Company, and to recover from defendants the price paid therefor, as well as for the recovery of an amount alleged to have been paid by the plaintiff, B. Tapper, as indorser upon the promissory notes of said corporation.
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Appeal from Linn District Court. — Milo P. Smith, Judge. Each of the two above-entitled eases was brought in equity, to rescind the sale to plaintiff of 10 shares of the capital stock of the Washington Refining Company, and to recover from defendants the price paid therefor, as well as for the recovery of an amount alleged to have been paid by the plaintiff, B. Tapper, as indorser upon the promissory notes of said corporation. The two cases were tried.together on the same record. There was a decree for plaintiff in each case, substantially as prayed, and an appeal therefrom by the defendants.…
1Opinion of the Court
Weaver, J.. „ burden of sumption. Though the appeals in .the two cases are submitted for decision upon the same record, we shall, in this opinion, where not otherwise noted, use the word “plaintiff” with special reference to B. Tapper, first named, who had a leading part in the transaction out of which the litigation has arisen. The word ‘ ‘ defendants,” where used, has special reference to the individual defendants, Doerfler, Achter, James, and Brewer. The substance of plaintiff’s claim is that, by the false representations of the defendants, he was induced to subscribe for Certain shares of…
2Cases cited5 opinions
- German Savings Bank of Des Moines v. Des Moines National Bank of Des MoinesSupreme Court of Iowa · 1904
- Estes v. ReynoldsSupreme Court of Missouri · 1882
- Bell v. KeepersSupreme Court of Kansas · 1888
- Joseph v. DavenportSupreme Court of Iowa · 1902
- Mattauch v. Riddell Automobile Co.Supreme Court of Iowa · 1908
3Cited by4 opinions
- Kuehl v. ParmenterSupreme Court of Iowa · 1923
- Hill v. International Products Co.New York Supreme Court · 1925
- Eckhardt v. Bankers Trust Co.Supreme Court of Iowa · 1937
- Peterson v. Central National Bank & Trust Co.Supreme Court of Iowa · 1935