Butte Hardware Co. v. Knox
Montana Supreme Court
Appeal from, District Court, Silver Bow- Countyj William Clancy, Judge. ActioN by the Butte Hardware Gotmpany against Jessie C. Knox. Prom a judgment for defendant, plaintiff appeals. Ini order to render it actual fraud in any case, the following essential elements should be present: Eirst. The injisr-ep-rer smtation- must be of a matter of fact, and not of law. Second. It must be of a fact as distinguished from a mere expression of opinion. Third.
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Appeal from, District Court, Silver Bow- Countyj William Clancy, Judge. ActioN by the Butte Hardware Gotmpany against Jessie C. Knox. Prom a judgment for defendant, plaintiff appeals. Ini order to render it actual fraud in any case, the following essential elements should be present: Eirst. The injisr-ep-rer smtation- must be of a matter of fact, and not of law. Second. It must be of a fact as distinguished from a mere expression of opinion. Third. It must be of a fact at the time or previously existing, and not a mere promise for the future. Fourth. It must be of a material matter. Fifth. -…
1Opinion of the Court
ME. COMMISSIONER POOEMAN
prepared tbe opinion for tba court.
Tbis action was brought for tbe purpose of obtaining judgment against defemdanitl for tbe amount alleged to be due on a •promissory note executed by defendant, and payable to plaintiff, and for tba foreclosure of a certain real estate mortgage given by defendant to secura tbe payment of said note. Tba complaint is in tbe usual form, and sets out a copy of the note and mortgage.
Tbe defendant filed an answer, in which she admitted tbe allegations of tbe complaint, but, as a plea in avoidance, alleged certain facts relating to tbe…
2Cases cited19 opinions
- Taylor v. . GuestNew York Court of Appeals · 1874
- Grentner v. FehrenschieldSupreme Court of Kansas · 1902
- Humphrey v. MerriamSupreme Court of Minnesota · 1884
- Cheney v. PowellSupreme Court of Georgia · 1892
- State ex rel. Northwestern National Bank v. DickermanMontana Supreme Court · 1895
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3Cited by16 opinions
- Buhler v. LoftusMontana Supreme Court · 1917
- Power & Bro., Ltd. v. TurnerMontana Supreme Court · 1908
- Koch v. RhodesMontana Supreme Court · 1920
- Como Orchard Land Co. v. MarkhamMontana Supreme Court · 1918
- Ott v. PaceMontana Supreme Court · 1911
11 more not listed; retrieve them via the Exa API.