Power & Bro., Ltd. v. Turner
Montana Supreme Court
Appeal from District Court, Lewis & Clark County; Thos. C. Bach, Judge. Action by T. C. Power & Bro. against W. P. Turner, -Jr. From a judgment for defendant and from an order denying it a new trial, plaintiff appeals. A person relying upon fraud must specifically plead the facts constituting the fraud.
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Appeal from District Court, Lewis & Clark County; Thos. C. Bach, Judge. Action by T. C. Power & Bro. against W. P. Turner, -Jr. From a judgment for defendant and from an order denying it a new trial, plaintiff appeals. A person relying upon fraud must specifically plead the facts constituting the fraud. It is not sufficient to say that a party was guilty of fraud, or did a certain act fraudulently, but the facts constituting the fraud must be clearly and specifically set forth. The same rule applies when setting up fraud as a defense or counterclaim, as when setting up fraud as the basis of a…
1Opinion of the CourtChief Justice Brantly
The complaint in this action contains four counts. In the first recovery is sought for the sum of $4,920.60, with interest, made up of moneys loaned to defendant and paid out and expended by plaintiff in his behalf, and at his request, during the years 1903 and 1904. In the second recovery is sought for the sum of $1,386.92, alleged to be the reasonable value of goods, wares and merchandise furnished to defendant at his instance and request during the same years, with interest from and after May 14, 1904. In the third count it is alleged that the plaintiff and defendant on October 1, 1900,…
2Cases cited11 opinions
- Insurance Co. v. BoonSupreme Court of the United States · 1877
- Territory of Montana v. ClaytonMontana Supreme Court · 1888
- Hefferlin v. KarlmanMontana Supreme Court · 1903
- Grindrod v. Anglo-American Bond Co.Montana Supreme Court · 1906
- Smith v. Eubanks & HillSupreme Court of Georgia · 1884
6 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Buhler v. LoftusMontana Supreme Court · 1917
- Lee v. Stockmen's National BankMontana Supreme Court · 1922
- Van Ettinger v. PappinMontana Supreme Court · 1978
- Robinson v. Helena Light & Ry. Co.Montana Supreme Court · 1909
- State Bank v. SchultzeMontana Supreme Court · 1922
41 more not listed; retrieve them via the Exa API.