Emerson-Newton Implement Co. v. Cupps
North Dakota Supreme Court
Appeal from District Court, Foster county; Burke, J. Action by the Emerson-Newton Implement Company against George Cupps. Judgment for defendant, and plaintiff appeals. The statement that the signing of a contract is a mere matter of form, and will entail no bother, is a mere expression of opinion and does not amount to fraud.
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Appeal from District Court, Foster county; Burke, J. Action by the Emerson-Newton Implement Company against George Cupps. Judgment for defendant, and plaintiff appeals. The statement that the signing of a contract is a mere matter of form, and will entail no bother, is a mere expression of opinion and does not amount to fraud. Heyrick v. Surerns, 9 N. D. 28, 81 N. W. 36. Merritt v. Dufur et al. 68 N. W. 553; Rendell v Scott, 11 Pac. 779; Scrogin v. Wood, 54 N. W. 437; Nat’l Bank of Claybourne v. Carper, 67 S. W. 188; First Nat’l Bank v. Foot, 42 Pac. 205; Dearbourne Nat’l Bank v. Seymour, 73…
1Opinion of the CourtMorgan, C. J.
This is an action to foreclose a chattel mortgage upon personal property. The answer alleges that the mortgage and the note secured by if were signed and delivered in reliance upon representations made by the plaintiff through its agent, which proved to be fraudulent. There was a trial to the court under section 5630, Rev. Codes 1899. Findings of fact and conclusions of law were made in defendant’s favor upon the issue of fraud, and the note and mortgage were adjudged null and void. Plaintiff has appealed from the judgment, and requests a review of the entire case, under said section 5630.
The…
2Cases cited6 opinions
- Fitzpatrick v. FlannaganSupreme Court of the United States · 1882
- Kingman & Co. v. StoddardCourt of Appeals for the Seventh Circuit · 1898
- Wylie v. GambleMichigan Supreme Court · 1893
- Cornell v. CraneMichigan Supreme Court · 1897
- Western Electric Co. v. HartMichigan Supreme Court · 1895
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3Cited by2 opinions
- Olson v. Union Central Life InsuranceNorth Dakota Supreme Court · 1929
- Northwestern Nat. Bank v. ReinigerNorth Dakota Supreme Court · 1926