[Download] "Mcgrath Et Al. v. C. T. Sherer Co. Et Al." by Supreme Court of Minnesota ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Mcgrath Et Al. v. C. T. Sherer Co. Et Al.
• Author : Supreme Court of Minnesota
• Release Date : January 14, 1935
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 81 KB

Description

CROSBY, Justice. This is a bill in equity seeking to rescind a contract whereby the plaintiff purchased stock of the defendant corporation relying upon alleged fraudulent material misrepresentations of fact. The representations were made to him by the defendant Joseph F. Sherer with the knowledge and approval of the defendant Herbert W. Estabrook, the respective treasurer and president of the defendant company. The defendants demurred to the bill. After motions to amend the bill and answer had been allowed, the demurrer was overruled and the defendants appealed therefrom. A hearing was had on the merits, the evidence being reported pursuant to G. L. (Ter. Ed.) c. 214, § 24, and rule 76 of the Superior Court (1932). The Judge made certain findings of fact and rulings of law as well as an order for a final decree, which in due course was entered, ordering rescission. From this decree the defendants appealed. Subsequently the plaintiff died. The special administrators of his estate entered a suggestion of death and moved that they be allowed to appear and prosecute the suit. This motion was allowed without prejudice to any rights the defendants may have to raise the question by plea in bar or otherwise, whether the cause of action survives. From the interlocutory decree entered in pursuance of this motion the defendants appealed. Thereafter each defendant entered a plea in bar and moved to have the suit dismissed on the ground that it did not survive. These pleas were overruled and the defendants appealed. The case is now before this court on the defendants appeals from the interlocutory decree overruling the demurrer, from the final decree, from the decree allowing the special administrators to appear and prosecute, and from the decrees overruling each plea in bar.

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