Garrison v. Technic Electrical Works
New Jersey Court of Chancery
On bill, answer and proofs. The bill in this ease is filed by the complainant, declaring, so far as its allegations are well pleaded, that the complainant was induced by false representations to purchase shares of stock of the defendant company, which he tenders himself ready to return, and praying that the defendants who made the false statements, or knowingly accepted the benefit of them, may be decreed to return the price so fraudulently obtained.
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On bill, answer and proofs. The bill in this ease is filed by the complainant, declaring, so far as its allegations are well pleaded, that the complainant was induced by false representations to purchase shares of stock of the defendant company, which he tenders himself ready to return, and praying that the defendants who made the false statements, or knowingly accepted the benefit of them, may be decreed to return the price so fraudulently obtained. The bill was demurred to, and held to be a sufficient pleading, taking it to be true, to entitle the complainant to relief. See Garrison v.…
1Opinion of the Court
Grey, V. C.
All the allegations of fraudulent statement or conduct set out by the complainant as grounds for relief are denied by the answer, either by express averment that the alleged statements were not made, or that if made they were in substance true.
This presentation of the case puts upon the complainant the burden of proving that the defendants made the representations setup in the bill as fraudulent; that the representations were false; that the complainant was thereby deceived and believed them to be true, and thus induced to purchase the stock of the company.
Without elaborately…
2Cases cited2 opinions
- Slaughter's Administrator v. GersonSupreme Court of the United States · 1872
- Poland v. BrownellMassachusetts Supreme Judicial Court · 1881
3Cited by2 opinions
- Shuttlefield v. NeilSupreme Court of Iowa · 1914
- Grant Inventions Co. v. Grant Oil Burner Corp.New Jersey Court of Chancery · 1931