Gorman v. Joens
Supreme Court of Iowa
Appeal from Scott District Court.- — A. J. House, Judge. This action was brought in equity, plaintiff alleging that defendants, by false representations .and conspiracy, induced him to purchase certain mining stock, and obtained from him $2,500. The petition asked to have the contract rescinded, and the stock returned to defendants, or to Mrs. Joens.
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Appeal from Scott District Court.- — A. J. House, Judge. This action was brought in equity, plaintiff alleging that defendants, by false representations .and conspiracy, induced him to purchase certain mining stock, and obtained from him $2,500. The petition asked to have the contract rescinded, and the stock returned to defendants, or to Mrs. Joens. The petition also alleged that plaintiff had informed defendant that he would rescind the contract, and that he had offered to return the stock, and demanded the return of the money; alleges insolvency of defendant, and plaintiff’s right to…
1Opinion of the CourtPreston, J.
1. Personal notice was had on defendant Katherine Joens in this state. She is the only one who has answered, and is the only witness for the defendants. Notice was had upon the other defendants by publication, or service outside of the state.
It is true, as claimed by defendants, that, in the petition, plaintiff claimed misrepresentation and fraud Tby defendant Katherine, whereby he was induced to purchase from her certain shares of .mining stock, for a sum of money in excess of the value of such shares; but the petition also alleges that said defendant conspired with A. P. Stevenson and the…
2Cases cited4 opinions
- Richmond v. Dubuque & Sioux City R. R.Supreme Court of Iowa · 1871
- Reiger v. TurleySupreme Court of Iowa · 1911
- Fisher v. TrumbauerSupreme Court of Iowa · 1912
- Tony Amodeo Co. v. Town of WoodwardSupreme Court of Iowa · 1919
3Cited by2 opinions
- Friedman v. City of Forest CitySupreme Court of Iowa · 1948
- Consolidated Construction Co. v. BegunckSupreme Court of Iowa · 1943