UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, AND TAYLOR MACHINERY COMPANY, DEFENDANT-APPELLEE,
v.
HARTFORD ACCIDENT AND INDEMNITY COMPANY, DEFENDANT-APPELLANT
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The appellate court reviewed a dismissal of a complaint in equity, determining whether the complaint stated a cause of action for fraudulent misrepresentations regarding the plaintiff's mother's death, which allegedly prevented the mother from electing dower in the father's estate.
The court held that the complaint, as written, stated a cause of action by alleging fraudulent misrepresentations that prevented the plaintiff's mother from asserting her dower rights.
The plaintiff's father devised his estate to the defendant, whom he claimed to have married. The plaintiff alleged the defendant misrepresented that h…
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THIS CAUSE came on to be heard upon the record and the briefs and arguments of counsel, and it appearing that this cause was submitted for decision to the District Judge upon a stipulation of facts, and this Court being of the opinion that the judgment entered in the District Court by Judge Marion S. Boyd was correct.
NOW, THEREFORE, IT IS ORDERED that the judgment of the District Court be, and it is, hereby affirmed.