Belden v. Henriques
California Supreme Court
Appeal from the Superior Court of the City of San Francisco. Tabitha Belden commenced this action against defendant to recover the sum of eight hundred and ninety-five dollars and interest, which she alleged that she had been induced by the false and fraudulent representations of defendant, to the effect that he was a man of extensive business relations, etc., to place in his hands, to be invested by him for her, so that it would produce her the sum of three per cent, per…
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Appeal from the Superior Court of the City of San Francisco. Tabitha Belden commenced this action against defendant to recover the sum of eight hundred and ninety-five dollars and interest, which she alleged that she had been induced by the false and fraudulent representations of defendant, to the effect that he was a man of extensive business relations, etc., to place in his hands, to be invested by him for her, so that it would produce her the sum of three per cent, per month, which said money he had afterwards given his note to her for, and never paid, except the sum of twenty-five…
1Opinion of the CourtMurray, C. J.
This was an action to recover a certain amount of money, alleged to have been fraudulently obtained from the plaintiff. The defendant admitted the debt, but denied the fraud. The case went to the jury upon this question alone, and they returned a verdict that “the defendant was guilty of deception' and fraud in contracting the debt.” The appellant contends that the evidence is insufficient to justify the finding.
Fraud may consist in the misrepresentation, or the conceal*89ment of material facts, and may be inferred from the circumstances and condition of the parties contracting. The evidence in…
2Cited by9 opinions
- Bacon v. SouleCalifornia Court of Appeal · 1912
- Richards v. FraserCalifornia Supreme Court · 1898
- Kallgren v. SteeleCalifornia Court of Appeal · 1955
- Koch v. WilliamsCalifornia Court of Appeal · 1961
- Blackman v. KristovichCalifornia Court of Appeal · 1963
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