Scott v. Moore
Supreme Court of Arkansas
Appeal from Washington Circuit Court; /. S. Maples, Judge; Ground of suspicion of fraud is not enough, it must be proved. 9 Ark. 485; 11 Id. 378; 17 Id. 146; 68 Me. 200; 72 Id. 415; 67 Pa. 459; 40 Ark. 417. The law requires each contracting party to be vigilant and exercise a due degree of caution. 7 Ark. 165. While in equity it is sufficient to show facts from which fraud may be presumed, yet at law fraud must be proved and expressly found. 33 Ark. 425. A false…
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Appeal from Washington Circuit Court; /. S. Maples, Judge; Ground of suspicion of fraud is not enough, it must be proved. 9 Ark. 485; 11 Id. 378; 17 Id. 146; 68 Me. 200; 72 Id. 415; 67 Pa. 459; 40 Ark. 417. The law requires each contracting party to be vigilant and exercise a due degree of caution. 7 Ark. 165. While in equity it is sufficient to show facts from which fraud may be presumed, yet at law fraud must be proved and expressly found. 33 Ark. 425. A false representation, to be actionable, must not only mislead, but it must be made fraudulently and with that intent. 38 Ark. 334. If the…
1Opinion of the CourtFrauenthau, J.
This is an action brought by the appellant, J. P. Moore, against the appellee, J. P. Scott, to recover damages on account of fraud and deceit, and growing out of the sale of a tract of land.
On September 11, 1903, J. P. Moore was and for a number of years prior thereto had been the owner of a tract of land containing no acres; and on said day sold and conveyed the same to J. P. Scott for the agreed price of $5,500. Prior to that time and on October 23, 1902, J. P. Moore had borrowed from J. P. Hight a sum of money, for which he had executed to Hight his note due 12 months after its date, and…
2Cases cited9 opinions
- Gammill v. JohnsonSupreme Court of Arkansas · 1886
- Long v. McDanielSupreme Court of Arkansas · 1905
- Conger v. CottonSupreme Court of Arkansas · 1881
- Davis v. TrimbleSupreme Court of Arkansas · 1905
- Hutchinson v. GormanSupreme Court of Arkansas · 1903
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Lowe v. HartSupreme Court of Arkansas · 1910
- Goody Ex Rel. Goody v. Maryland Casualty Co.Idaho Supreme Court · 1933
- Stewart v. FlemingSupreme Court of Arkansas · 1910
- Curlee v. Morris.Supreme Court of Arkansas · 1938
- Faulkner v. CrawfordSupreme Court of Arkansas · 1915
2 more not listed; retrieve them via the Exa API.