Suit v. Gibson

The opinion of the court was delivered by

West, J.:

The plaintiff sued to recover an excess amount which he alleged he had paid on a promissory note covering a supposed indebtedness to a third party, and alleged that the defendant fraudulently represented that such indebtedness was larger than it was and that he permitted the defendant *667to examine and check up the accounts between them, but that he falsely and fraudulently and for the purpose of cheating the plaintiff submitted statements evidencing the indebtedness. He also sued for damages for failure to release a chattel mortgage. The…