McKay v. McCarthy
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. James A. Howe, Judge. The petition as amended alleged ■ the organization of the Rocky Mountain Smelting Company prior to May 11, 1900, at which time defendant and others were directors thereof, for the purpose of constructing and operating a smelting 'and refining plant at Florence, Colo.; that in 1903, through- foreclosure proceedings, the company’s plant was sold to Anna Kendall; that defendant, with others, organized the Iowa…
Read the full summary
Appeal from Polk District Court. — Hon. James A. Howe, Judge. The petition as amended alleged ■ the organization of the Rocky Mountain Smelting Company prior to May 11, 1900, at which time defendant and others were directors thereof, for the purpose of constructing and operating a smelting 'and refining plant at Florence, Colo.; that in 1903, through- foreclosure proceedings, the company’s plant was sold to Anna Kendall; that defendant, with others, organized the Iowa Fiduciary Company, which acquired the property from Anna Kendall, and thereafter the same parties organized the Colorado…
1Opinion of the CourtLadd, J.
1. Limitation of actions for fraud: purchase of corporate stock: deceit. The gravamen of the action pleaded in the first count of the petition is fraud alleged to have been perpetrated in the sale of stock in a smelting company. The representations alleged to have been false, and by which plaintiff is said to have heen induced to part with his money, were that defendant had examined into the affairs and property of the company; that it was the best located of any plant in the coxmtry because of which it would smelt ore for twenty-five percent less in cost than other smelters; that the…
2Cases cited16 opinions
- District Township of Boomer v. FrenchSupreme Court of Iowa · 1875
- Mason v. . HenryNew York Court of Appeals · 1897
- Faust v. HosfordSupreme Court of Iowa · 1903
- Carrier v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1890
- Holman v. Omaha & Council Bluffs Railway & Bridge Co.Supreme Court of Iowa · 1902
11 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Scheuer v. ScheuerNew York Court of Appeals · 1955
- Oppenheimer v. Harriman National Bank & Trust Co.Supreme Court of the United States · 1937
- Ogg v. RobbSupreme Court of Iowa · 1917
- Bayshore Industries, Inc. v. ZiatsCourt of Appeals of Maryland · 1963
- Cole v. Hartford Accident & Indemnity Co.Supreme Court of Iowa · 1951
26 more not listed; retrieve them via the Exa API.