Legal Opinion

Cofield v. Griffin

Supreme Court of North Carolina

Decided October 14, 1953No. 22PublishedCited by 46 opinions

1Opinion of the CourtErvin, J.

Tbe only assignments of error requiring elaboration are those which challenge tbe sufficiency of tbe evidence of tbe plaintiffs to carry tbe ease to tbe jury and support tbe verdict on tbe issue of fraud.

The essential elements of fraud are these: (1) That defendant made a representation relating to some material past or existing fact; (2) that tbe representation was false; (3) that when be made it, defendant knew that tbe representation was false, or made 'it recklessly, without any knowledge of its truth and as a positive assertion; (4) that defendant made the representation with intention…

2Cases cited11 opinions

  1. Vail v. VailSupreme Court of North Carolina · 1951
  2. Williams v. . WilliamsSupreme Court of North Carolina · 1942
  3. White Sewing MacHine Co. v. BullockSupreme Court of North Carolina · 1912
  4. City Deposit Bank v. GreenSupreme Court of Iowa · 1908
  5. Parker v. WhiteSupreme Court of North Carolina · 1952

6 more not listed; retrieve them via the Exa API.

3Cited by46 opinions

  1. Spartan Leasing Inc. v. PollardCourt of Appeals of North Carolina · 1991
  2. Rowan County Board of Education v. United States Gypsum Co.Supreme Court of North Carolina · 1992
  3. Johnson v. OwensSupreme Court of North Carolina · 1965
  4. Calloway v. WyattSupreme Court of North Carolina · 1957
  5. Rosenthal v. PerkinsCourt of Appeals of North Carolina · 1979

41 more not listed; retrieve them via the Exa API.

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