From Casetext: Smarter Legal Research

Keating v. Hicks

Supreme Court of Michigan
Aug 29, 1933
249 N.W. 890 (Mich. 1933)

Opinion

Docket No. 29, Calendar No. 37,108.

Submitted June 7, 1933.

Decided August 29, 1933.

Appeal from Wayne; Webster (Clyde I.), J. Submitted June 7, 1933. (Docket No. 29, Calendar No. 37,108.) Decided August 29, 1933.

Case by Thomas F. Keating against Ernest D. Hicks for damages for fraud in the purchase of shares of corporate stock. Directed verdict and judgment for defendant. Plaintiff appeals. Affirmed.

S. Brooks Barron ( Samuel W. Leib, of counsel), for plaintiff.


In this action at law for damages for fraud in the sale of shares of stock, defendant had directed verdict and judgment thereon. Plaintiff has appealed. The following from plaintiff's notice of appeal:

"Plaintiff did not introduce testimony proving the falsity of the alleged misrepresentations for the reason that defendant's answer to paragraph 4 failed to specifically deny the falsity of said misrepresentations and further failed to set forth the substance of the matters relied upon to support said denial. Thus defendant failed to comply with Court Rule No. 23, § 2 (1931). The case should therefore have been submitted to the jury on the proofs as submitted and admissions as made."

Paragraph four of the declaration averred:

"That all of said above-mentioned representations were false and known to be false by said defendant."

The answer to paragraph four:

"Answering paragraph 4 of plaintiff's declaration, that the defendant did not make the representations of fact therein charged, and, therefore, did not know they were false."

And the answer is further replete with denials of the fraud and misrepresentations averred. Such answer could not be treated as an admission.

Affirmed.

McDONALD, C.J., and POTTER, SHARPE, NORTH, FEAD, WIEST, and BUTZEL, JJ., concurred.


Summaries of

Keating v. Hicks

Supreme Court of Michigan
Aug 29, 1933
249 N.W. 890 (Mich. 1933)
Case details for

Keating v. Hicks

Case Details

Full title:KEATING v. HICKS

Court:Supreme Court of Michigan

Date published: Aug 29, 1933

Citations

249 N.W. 890 (Mich. 1933)
249 N.W. 890

Citing Cases

Katzman v. Georgiev

In fact, the sole issue is priority of invention, and the Patent Office has always treated the interference…

City Finance Co. v. Baldwin

The trial court properly held that matters offered in connection with a motion for new trial, which were…