Reports of Cases at Law and in Equity; Argued and Determined in the Supreme Court of the State of Iowa Volume 5

Reports of Cases at Law and in Equity; Argued and Determined in the Supreme Court of the State of Iowa Volume 5

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1878 edition. Excerpt: the bill. This charge relates to certain representations made by the company receiving the deed, which are alleged to have been false and fraudulent, known to be 365so, at the time, by the party making them, which false representations were relied upon by complainant, and relying upon Which, he was induced to make the conveyance. These averments are urged by respondents, to be insuflicient to sustain the charge of fraud; in the first place, because corporations, like natural bodies, are only bound by the acts of their agents, done within the scope of their authority; and that it is not shown that the Persons making the representations, acted for, or under, the authority of the corporation. This objection is evi gently based upon a misapprehension of the averments of the ill. Carey 7. The Cincinnati and Chicago Bailroad Omnpany, et al. 2. CORPOBA-the frauds practiced by the company, and there is';i: 'is: i=' 1I, ii=1s'c, uIIcg It may be, and is probably true, that the corporacents111-tion did act through its ofiicers or agents, but when it is alleged, as in this case, that the company itself made the false representations, we will not presume that those through whom it may have acted, exceeded their authority, or made the representations without sufiicient authority. Again, it is urged, that some of the representations alleged to have been fraudulent, were of facts not exclusively within the knowledge of the company, and that it is not shown that there was such suggestion of falsehood, or suppression of truth, as should have misled complainant, or prevented him from ascertaining the truth in the premises. To this, itmay be said, that there are some of the circumstances which would seem to have been equallshow more

Product details

  • Paperback | 244 pages
  • 189 x 246 x 13mm | 440g
  • English
  • Illustrations, black and white
  • 1236758889
  • 9781236758880