Schroeder v. Schroeder

The complaint, literally construed, Is one to recover damages for fraud. On the trial defendant offered no testimony, resting on that offered by plaintiff. From our examination of the record we reach the conclusion that the granting of a nonsuit was not warranted because, unexplained, the plaintiff’s testimony presented questions of fact as to the following:

1. Fraudulent concealment by defendant that the policies which were to be assigned to plaintiff, as the result of the oral conversation between plaintiff, her attorney and Ferris on March 25, 1942, had lessened in value, between that date…