Legal Opinion

Wright v. Johnston

Supreme Court of Iowa

Decided May 17, 1918PublishedCited by 7 opinions

Appeal from Polk District Court. — W. S. Ayres, Judge. Suit to recover money paid for stock in the Des Moines Stationery Company, and to cancel a note given in part payment thereof, and require defendant to return to plaintiff a certain note and mortgage hypothecated as collateral security for the payment thereof. On hearing, the petition was dismissed. The plaintiff apyieals.

1Opinion of the CourtLadd, J.

1. Corporations: wRat const!I. On April 24, 1915, plaintiff bought of defendant 30 shares of so-called preferred stock, in the Des Moines Stationery. Company, at the agreed price of $3,240, paying $50 in cash and $540 in property, . . , . , „ ,, , -, „ and giving his note for the balance of $2,050. To secure the payment of this note, he put up a $2,800 note and mortgage as collateral security. Since then, $400 has been paid on this note. Plaintiff says that, to induce him- to enter into the deal, defendant falsely represented that he'held said shares of stock issued by the company, and that…

2Cases cited11 opinions

  1. Warren v. KingSupreme Court of the United States · 1883
  2. Hamlin v. Toledo, St. L. & K. C. R.Court of Appeals for the Sixth Circuit · 1897
  3. Lockhart v. Van AlstyneMichigan Supreme Court · 1875
  4. Heller, Hirsch & Co. v. National Marine BankCourt of Appeals of Maryland · 1899
  5. Beach v. WakefieldSupreme Court of Iowa · 1898

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3Cited by7 opinions

  1. Arthur R. Jones Syndicate v. Commissioner of I. RevenueCourt of Appeals for the Seventh Circuit · 1927
  2. In Re LathrapCourt of Appeals for the Ninth Circuit · 1932
  3. Fleming v. CasadySupreme Court of Iowa · 1926
  4. In re Hicks-Fuller Co.Court of Appeals for the Eighth Circuit · 1925
  5. Arthur R. Jones Syndicate v. CommissionerUnited States Board of Tax Appeals · 1926

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