Teachout v. Van Hoesen
Supreme Court of Iowa
Appeal from, Polk District Qourt. — Hon. Josiah Given, Judge. The plaintiff was surety for the defendant upon a promissory note, and on the fourteenth day of December, 1886, paid the same, which then amounted to some $3,800. He brought this action to recover the sum so paid.
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Appeal from, Polk District Qourt. — Hon. Josiah Given, Judge. The plaintiff was surety for the defendant upon a promissory note, and on the fourteenth day of December, 1886, paid the same, which then amounted to some $3,800. He brought this action to recover the sum so paid. The defendant admitted his liability to reimburse the plaintiff, but set up a counter-claim, in which he alleged that the plaintiff was liable to him in damages for false and fraudulent representations made in the matter of the organization of a corporation in which they were stockholders. The burden of proof was on the…
1Opinion of the CourtRothrock, J.
— I. The ultimate question to be determined is, was the court correct in holding as matter of law that upon the issues presented by the counter-claim and the evidence introduced in its support the defendant was not entitled to recover any damages ? It is not necessary to set out the counter-claim in full. In its substance it charges the plaintiff with fraudulent representations to the damage and injury of the defendant preliminary to and at the time of organizing a corporation known as the “ Des Moines Ice Company.” The stockholders of that corporation were three in number. They were the…
2Cases cited4 opinions
- Sandford v. HandyNew York Supreme Court · 1840
- Miller v. . BarberNew York Court of Appeals · 1876
- Pendergast v. ReedCourt of Appeals of Maryland · 1868
- Paddock v. FletcherSupreme Court of Vermont · 1869
3Cited by21 opinions
- Beare v. J.A. WrightNorth Dakota Supreme Court · 1905
- Franey v. WarnerWisconsin Supreme Court · 1897
- Dorr v. CorySupreme Court of Iowa · 1899
- Humphrey v. SieversSupreme Court of Minnesota · 1917
- Shuttlefield v. NeilSupreme Court of Iowa · 1914
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