Mallory v. Leach
Supreme Court of Vermont
Case. The declaration set forth that the plaintiff was the owner of fifty shares of the capital stock of the Franklin Mining Company, of the true value and situation whereof she was ignorant, and had no means of accurate information, and that the defendant undertook, at her request, to ascertain and communicate to her the value of such stock; th%t said stock was worth thirteen hundred dollars, which the defendant ascertained, but that he, contriving and intending to defraud…
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Case. The declaration set forth that the plaintiff was the owner of fifty shares of the capital stock of the Franklin Mining Company, of the true value and situation whereof she was ignorant, and had no means of accurate information, and that the defendant undertook, at her request, to ascertain and communicate to her the value of such stock; th%t said stock was worth thirteen hundred dollars, which the defendant ascertained, but that he, contriving and intending to defraud the plaintiff, and to obtain said stock from her at much less than its just value, did not communicate to the plaintiff…
1Opinion of the CourtAldis, J.
I. As to the alleged variance, it may be observed that it consists in averring the injury occasioned by the plaintiff’s fraud to be greater than it was proved to be. But in the averment of damages it is not necessary to be exact; and the proof need not sustain the allegations in this respect.
II. The parol evidence was admissible as tending to show the fraud — not as qualifying the written contract. It tended to show a special confidence and relation between the parties, in regard to this business, and, if proved, to the satisfaction of the jury, to have existed in the outset, and to have…
2Cases cited6 opinions
- Kimball v. CunninghamMassachusetts Supreme Judicial Court · 1808
- Whitney v. AllaireNew York Supreme Court · 1847
- Kellogg v. DenslowSupreme Court of Connecticut · 1841
- Saratoga & Schenectady Rail Road v. RowNew York Supreme Court · 1840
- Gray v. RichIndiana Supreme Court · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Crompton v. BeedleSupreme Court of Vermont · 1910
- McAllister v. BenjaminSupreme Court of Vermont · 1923
- Gustafson v. RustemeyerSupreme Court of Connecticut · 1898
- Thompson v. LibbySupreme Court of Minnesota · 1886
- Bean v. BickleySupreme Court of Iowa · 1919
24 more not listed; retrieve them via the Exa API.