Montray Realty Co. v. Arthurs
Superior Court of Delaware
Action by Montray Realty Company against John W. Arthurs on two promissory notes made by the defendant to the order of the plaintiff. On motion at the close of the testimony for binding instructions for defendant. Verdict directed for the defendant.
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Action by Montray Realty Company against John W. Arthurs on two promissory notes made by the defendant to the order of the plaintiff. On motion at the close of the testimony for binding instructions for defendant. Verdict directed for the defendant. At the trial, the defendant introduced evidence intended to show that false and fraudulent statements and misrepresentations were made to induce him to sign an application for the purchase of certain real estate and to give the notes sued on. The plaintiff offered evidence in rebuttal. The facts and questions raised on the motion for binding…
1Opinion of the Court
Conrad, J.,
delivering the opinion of the court:
This is an action of assumpsit on two certain promissory notes made by John W. Arthurs, the defendant, on August 2, 1915, payable to the order of Montray Realty Company, the plaintiff; the first is for the sum of one hundred dollars, payable sixty days after date, and the other is for sixteen hundred and seventy-five dollars payable in instalments as follows: Thirty dollars on September 2, 1915, and thirty dollars on the second day of each month thereafter until fully paid, all with interest to date, at six per cent, per annum.
These notes…
2Cases cited9 opinions
- Weaver v. BurrWest Virginia Supreme Court · 1888
- White v. . CorliesNew York Court of Appeals · 1871
- McCully's Adm'r v. Phœnix Mutual Life Ins.West Virginia Supreme Court · 1881
- Bauman v. McManusSupreme Court of Kansas · 1907
- Atlanta Buggy Co. v. Hess Spring & Axle Co.Supreme Court of Georgia · 1905
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