Legal Opinion

Prewitt v. Trimble

Court of Appeals of Kentucky

Decided October 24, 1891PublishedCited by 22 opinions

Case 34 — PETITION EQUITY APPEAL PROM MONTGOMERY CIRCUIT COURT. Í. If appellee, Trimble, knew of the faulty condition of the bank and represented it to be sound, there can be no question as to Ms liability - to appellant. (Seals v. Baker, 70 Texas, 283.) 2. But it is not necessary that he should have known of the unsoundness of the bank in order that his statements may amount to fraudulent representations.

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Case 34 — PETITION EQUITY APPEAL PROM MONTGOMERY CIRCUIT COURT. Í. If appellee, Trimble, knew of the faulty condition of the bank and represented it to be sound, there can be no question as to Ms liability - to appellant. (Seals v. Baker, 70 Texas, 283.) 2. But it is not necessary that he should have known of the unsoundness of the bank in order that his statements may amount to fraudulent representations. (Reese River Oo. v. Smith, L. R., 4 H. L., 64; Edgington v. Fitzmaurice, L. R., 29, Oh. D., 459; Eoard, &c., v. McComb, 12 Bush, 723; Bigelow on Fraud, pp. 410, 412 and 415; Cole v.…

1Opinion of the Court

JUDGE LEWIS

DELIVERED THE OPIEIOISr OE THE COURT.

January 19, 1888, appellee, then president of the Exchange Bank of Kentucky, at Mt. Sterling, sold and transferred to appellant twenty shares of stock in that hank at the price of one hundred and twenty dollars per share, and twenty-one shares in the Mt. Sterling National Bank at one hundred and twenty dollars per share for twenty shares and one hundred and eighteen dollars for the remaining one, payment for which was then made, partly in notes assigned to and received by appellee at their face value, and partly in money.

May 14, 1888, appellant…

2Cited by22 opinions

  1. Gagne v. BertranCalifornia Supreme Court · 1954
  2. Hindman v. First Nat. Bank of LouisvilleCourt of Appeals for the Sixth Circuit · 1902
  3. Livermore v. Middlesborough Town Lands Co.Court of Appeals of Kentucky · 1899
  4. Gerner v. MosherNebraska Supreme Court · 1899
  5. Graham v. John R. Watts & SonCourt of Appeals of Kentucky (pre-1976) · 1931

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