Mason v. Gates
Supreme Court of Arkansas
Appeal from Carroll Circuit Court; /. 5. Maples, Judge; In an action for fraud or deceit the plaintiff must show that defendant made material representations that were false; that they were made with intent that they should be acted upon by plaintiff; that he acted upon them; and that he was damaged thereby. 71 Ark. 305 ; 30 Ark. 334. Absence of either of the above elements is fatal to recovery. 55 N. Y. 400; 112 N. Y. 454; 20 N. E. 376. The damage must be the direct result…
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Appeal from Carroll Circuit Court; /. 5. Maples, Judge; In an action for fraud or deceit the plaintiff must show that defendant made material representations that were false; that they were made with intent that they should be acted upon by plaintiff; that he acted upon them; and that he was damaged thereby. 71 Ark. 305 ; 30 Ark. 334. Absence of either of the above elements is fatal to recovery. 55 N. Y. 400; 112 N. Y. 454; 20 N. E. 376. The damage must be the direct result of fraud. 112 N. Y. 454; 10 Daly 481; 149 Mass. 188; 41 Conn. 287; 51 111. 299; 11 Pick. 527; 3 Cush. 145; 3 Allen 382;…
1Opinion of the CourtHart, J.
This is the second appeal in this case. The opinion on the former appeal is reported in 74 Ark. 46, under the style of Mason v. Thornton. The judgment was reversed for errors in giving instructions, and the cause was remanded for a new trial. After the case was remanded, Thornton died, and the action was revived in the name of John D. Gates, special administrator of his estate.
The law of the case was settled in the former opinion, and, by agreement of counsel, the case was submitted to the judge of the circuit court, sitting without a jury, upon the pleadings and the evidence as shown by the…
2Cases cited4 opinions
- Jones v. GlidewellSupreme Court of Arkansas · 1890
- Mason v. ThorntonSupreme Court of Arkansas · 1905
- Garland County v. Hot Spring CountySupreme Court of Arkansas · 1900
- Stewart v. WoodSupreme Court of Arkansas · 1908