Legal Opinion

Bank of Montreal v. Thayer

United States Circuit Court

Decided May 15, 1881PublishedCited by 16 opinions

On demurrer to the petition. This is an action to recover damages on the ground of alleged false and fraudulent representations made by the defendant, and the material facts alleged are the following: First—That the defendant was, on the 22d of November, 1875, duly appointed receiver of the property and effects of the Chicago, Clinton and Western Railroad Company, by an order made by the district court of Clinton county, Iowa, in a cause therein pending.

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On demurrer to the petition. This is an action to recover damages on the ground of alleged false and fraudulent representations made by the defendant, and the material facts alleged are the following: First—That the defendant was, on the 22d of November, 1875, duly appointed receiver of the property and effects of the Chicago, Clinton and Western Railroad Company, by an order made by the district court of Clinton county, Iowa, in a cause therein pending. Second—That afterwards, on the 27th of July, 1876, said court made an order authorizing the defendant, as receiver, to construct and build…

1Opinion of the Court

McCrary, Circuit Judge.

We will consider the grounds of demurrer to the first count in the order in which they are presented by counsel.

First—It is insisted that the facts alleged do not constitute fraud.

The allegation is, that defendant wrongfully, fraudulently and falsely certified and represented that the certificates were issued in pursuance of the order of the district court of Clinton county, Iowa; that they constituted a first lien, and that they were given for iron rails furnished for constructing said road; whereas, none of these things were true.

It is said that a fraudulent intent is…

2Cases cited4 opinions

  1. Bruff v. . MaliNew York Court of Appeals · 1867
  2. Watson v. ChesireSupreme Court of Iowa · 1865
  3. Thomas v. . BeebeNew York Court of Appeals · 1862
  4. Langsdale v. GirtonIndiana Supreme Court · 1875

3Cited by16 opinions

  1. Walker v. WoodallSupreme Court of Alabama · 1972
  2. Davis v. Central Land Co.Supreme Court of Iowa · 1913
  3. Western Union Telegraph Co. v. SchriverCourt of Appeals for the Eighth Circuit · 1905
  4. Metric Investment, Inc. v. PattersonNew Jersey Superior Court Appellate Division · 1968
  5. United States v. MarzaniDistrict Court, District of Columbia · 1947

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