Duffield v. E. T. Barnum Wire & Iron Works

This suit was commenced by attachment The declaration filed is upon the common counts in assumpsit, and the plaintiff claims to recover back money paid for stock in defendant corporation, under the count for money had and received, on the ground that it- was obtained from him by the fraud and false and fraudulent representations of the defendant.

Under an order of the court obtained on motion of defendant, he filed a bill of particulars of the fraud charged in obtaining the money, as follows:

“The specific fraud charged in obtaining said money is this: That it was obtained under color of a sale…