Ziliox v. City View Apartment & Storage Co.

This is an action to recover upon a subscription to the capital stock of a corporation. The defense was that the party sued was induced to subscribe for the stock by false and fraudulent representations made to him, in this, to-wit, that one Holcomb, who was an influential citizen, in whose judgment the party sued had great confidence, had subscribed for 100 shares of stock of the corporation, whereas, in truth, Holcomb, while he had signed a subscription for 100 shares, was not a bona fide subscriber for the 100 shares.

The representation was made in writing, but the trial court would not…