May v. . Loomis
Supreme Court of North Carolina
Action by Frank May against Gr. C. Loomis and C. N. Dotson, beard by Judge G. S. Ferguson and a jury, at the July Term, 1905, of the Superior Court of Haywood. The plaintiff declared on two notes, each for $750, bearing date December 13, 1902, due respectively nine and twelve months after date. The notes Were drawn by defendant Loomis to defendant Dotson and endorsed to plaintiff before maturity.
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Action by Frank May against Gr. C. Loomis and C. N. Dotson, beard by Judge G. S. Ferguson and a jury, at the July Term, 1905, of the Superior Court of Haywood. The plaintiff declared on two notes, each for $750, bearing date December 13, 1902, due respectively nine and twelve months after date. The notes Were drawn by defendant Loomis to defendant Dotson and endorsed to plaintiff before maturity. The defendants .answered, admitting the execution and endorsement of the notes, and alleging that the same were executed in part payment of the purchase of a saw mill plant and the standing timber on…
1Opinion of the Court
Hoke, J.,
after stating the facts: Accepting the testimony favoring defendants’ claim as true, and we are required so to accept it where a nonsuit is directed against the party who offers it, the facts disclose a clear case of deliberate fraud in which there appears every element of an actionable wrong — false representations as to material facts knowingly and wilfully made as an inducement to the contract, and by which the same was effected, reasonably relied upon by the other party and causing pecuniary damage.
It is well established that the principle applies to contracts and sales of both…
2Cases cited12 opinions
- Knight v. . HoughtallingSupreme Court of North Carolina · 1881
- Phillips Walsh v. . Rufus D. HallSupreme Court of North Carolina · 1872
- Cash Register Co. v. . TownsendSupreme Court of North Carolina · 1905
- Parker v. MarquisSupreme Court of Missouri · 1876
- Hill v. . BrowerSupreme Court of North Carolina · 1877
7 more not listed; retrieve them via the Exa API.
3Cited by63 opinions
- Link v. LinkSupreme Court of North Carolina · 1971
- Olivetti Corp. v. Ames Business Systems, Inc.Supreme Court of North Carolina · 1987
- Calloway v. WyattSupreme Court of North Carolina · 1957
- Mabardy v. McHughMassachusetts Supreme Judicial Court · 1909
- Furst v. . MerrittSupreme Court of North Carolina · 1925
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