Ogden Valley Trout & Resort Co. v. Lewis
Utah Supreme Court
Appeal from District Court, Second District; lion. N. J. Harris, Judge. Action bj Ogden Valley Trout and Resort Company against T. J. Lewis. Judgment for defendant. Plaintiff appeals. APPELLANT^ POINTS. Proof of fraud in a transaction with one person is not even presumptive proof of fraud in another and different transaction with another person, and is inadmissible. (Simpkins v. Bergren, 2 Ill. App. 101; McKay v. Bussell, 3 Wash. 378, 28 Pao. 908, 28 Am.
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Appeal from District Court, Second District; lion. N. J. Harris, Judge. Action bj Ogden Valley Trout and Resort Company against T. J. Lewis. Judgment for defendant. Plaintiff appeals. APPELLANT^ POINTS. Proof of fraud in a transaction with one person is not even presumptive proof of fraud in another and different transaction with another person, and is inadmissible. (Simpkins v. Bergren, 2 Ill. App. 101; McKay v. Bussell, 3 Wash. 378, 28 Pao. 908, 28 Am. St. Rep. 44; Somes v. Skinner, 16 Mass. 348; Levy v. Lee, 13 Tex. Civ. App. 510, 36 S. W. 309; Knotwell v. Blanchard, 41 Conn. 614; Edwards…
1Opinion of the CourtFrick, C. J.
Appellant brought this action to recover upon a promissory note given for the sum of $2,000, which, it is alleged, was made and delivered by respondent to one Joseph Barker who assigned it to appellant. The respondent admitted the execution and delivery of the note to Barker, and, as affirmative defense, averred that respondent was induced to exe-icute and deliver the same to Barker by means of false and fraudulent representations. In this regard it is in substance averred that Barker did falsely and fraudulently represent to respondent that the appellant had authorized the sale of its…
Also in this document: Concurrence.
2Cases cited14 opinions
- Jordan v. OsgoodMassachusetts Supreme Judicial Court · 1872
- J. H. Clark Co. v. RiceWisconsin Supreme Court · 1906
- Mudsill Min. Co. v. WatrousCourt of Appeals for the Sixth Circuit · 1894
- Johnson v. GulickNebraska Supreme Court · 1896
- Coles v. KennedySupreme Court of Iowa · 1890
9 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- International News Service v. News Publishing Co.Supreme Court of Oklahoma · 1926
- Robson Link & Co. v. Leedy Wheeler & Co.Supreme Court of Florida · 1944
- Thompson v. AndersonUtah Supreme Court · 1944
- Stillwell v. RankinMontana Supreme Court · 1918
- Davis v. Denver & Rio Grande R.Utah Supreme Court · 1914
10 more not listed; retrieve them via the Exa API.