Fraudulent Inducement

1,995 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• In re Oglialoro
  370 F.2d 557· 4th Cir.· 1966-12-20
  The appeal is dismissed as moot, and the motions to remand and for damages are denied.
• Elsinor Prouty Mallory v. Citizens Utils. Co.
  358 F.2d 386· 2d Cir.· 1966-04-01
  The appellate court affirmed a jury verdict for the plaintiff, finding no error in the trial court's denial of a directed verdict or its jury instructions regarding the distraction rule.
• The Merchs. Co. v. Bartlett & Co.
  349 F.2d 294· 5th Cir.· 1965-08-04
  The court held that an erroneous grain inspection certificate is binding on the buyer unless fraud, bad faith, or gross mistake amounting to fraud is proven.
• Est. of Arthur Vining Davis v. Price
  25 Fla. Supp. 91· Dade Cty. Cir. Ct.· 1965-04-13
  The court affirmed the dismissal of a counterclaim filed by William R. Price against the Estate of Arthur Vining Davis, finding that the counterclaim did not state a cause of action.
• Newton v. NEW York Life Ins. Co.
  325 F.2d 498· 9th Cir.· 1963-12-10
  The incontestability clause in an insurance policy is for the benefit of the insured, not the insurer, and does not bar claims of fraud in the issuance of the policy.
• Turner v. The Manhattan Life Ins. Co.
  320 F.2d 553· 9th Cir.· 1963-07-10
  The dissenting judge argues that the district court's findings of fact, supported by ample evidence, were not clearly erroneous and that the insurer should not have issued the policy based on the applicant's misrepresentations.
• TED Price Constr. Co. v. Cascade Natural GAS Corp.
  307 F.2d 741· 9th Cir.· 1962-09-11
  A party seeking to set aside a release for fraud or duress under Washington law is not required to tender back the consideration paid for the release before commencing suit.
• Dreis v. Kelly
  304 F.2d 3· 3d Cir.· 1962-06-13
  The court held that the District Court properly dismissed the complaint for lack of personal jurisdiction over the defendant, as the action was in personam and service by publication was insufficient.
• Lummus Co. v. Commonwealth OIL Ref. Co., Inc.
  297 F.2d 80· 2d Cir.· 1961-11-14
  The court held that the district court's order directing a trial on arbitrability was not appealable as an interlocutory injunction, but mandamus was appropriate to vacate the order concerning fraud in the inducement due to the First Circuit's prior conclusive decision on that is
• Chesapeake Indus., Inc. v. Wetzel
  265 F.2d 881· 6th Cir.· 1959-04-23
  The court held that the defendant was entitled to the benefit of collateral estoppel from a prior New York judgment, precluding the plaintiff from relitigating issues already decided.
• Gramling v. Moravek
  263 F.2d 373· 8th Cir.· 1959-01-28
  The court held that the plaintiff failed to prove actionable fraud and that the trial court's findings of fact and conclusions of law were supported by substantial evidence.
• Einar Glaser and Dorothy Glaser v. Connell
  266 F.2d 149· 9th Cir.· 1958-12-17
  The court held that the Glasers, as assignees who purchased a fraudulently procured note and mortgage with indifference and neglect, could not foreclose despite not having actual knowledge of the fraud.
• Kennedy v. Hill
  262 F.2d 26· D.C. Cir.· 1958-11-20
  The court held that the wife's disclaimer of reliance on alleged fraud in her deposition barred her claim to set aside the settlement contract.
• Shorter v. Adler
  258 F.2d 163· D.C. Cir.· 1958-07-10
  The court held that the trial court erred in making a finding for the defendant after the plaintiff rested, without fully considering the plaintiff's evidence.
• Collings v. Bush Mfg. Co.
  256 F.2d 573· 2d Cir.· 1958-06-17
  The court held that the plaintiff failed to establish that corporate assets were concealed from him, thus negating his claim of fraudulent inducement.
• Tucker v. Meredith
  232 F.2d 347· D.C. Cir.· 1956-03-15
  The court held that Meredith was not a holder in due course because he did not take the note in good faith.
• Patterson v. Cooper
  6 Fla. Supp. 188· Dade Cty. Cir. Ct.· 1955-01-27
  The court held that the bonus agreement was unenforceable due to indefiniteness, but the plaintiff could recover the reasonable value of services in quantum meruit. The jury's verdict was not irrational as damages were unliquidated.
• Thomasson v. Angel
  74 So. 2d 295· Fla.· 1954-07-16
  A grandmother acting as next friend for a minor child sought to set aside a custody decree via bill of review, claiming the underlying parental stipulation was procured by fraud. The Florida Supreme Court held that the child and grandmother, as non-parties to the stipulation, lac
• Ludwig v. Lansdowne
  65 So. 2d 747· Fla.· 1953-05-19
  Ludwig, as executor of Charles F. Ludwig's estate, appealed a decree requiring him to cancel a purchase money mortgage held by Anna Lansdowne. The trial court found that the decedent had agreed during his lifetime to cancel the mortgage upon his death in consideration for service
• Berman v. Diamond
  196 F.2d 590· D.C. Cir.· 1952-04-10
  A party cannot collaterally attack a foreign judgment based on fraud in the underlying transaction, absent fraud in the judicial process itself.
• McCAMY v. Gen. Elec. Supply Corp.
  185 F.2d 944· 5th Cir.· 1950-12-19
  The court held that the written employment contract superseded any prior inconsistent oral agreement, and parol evidence of the oral agreement was inadmissible.
• Brown v. Warner
  173 F.2d 162· 5th Cir.· 1949-03-08
  The court held that the defense of illegality, not pleaded or proven, could not be raised on appeal, and that the allowance of credits for corporate advances was unsupported by evidence of corporate failure to pay.
• Reinhardt v. Weyerhaeuser Timber Co.
  144 F.2d 278· 9th Cir.· 1944-06-14
  The compensation and release agreement was valid and enforceable because the plaintiff understood it after signing and ratified it by accepting payments, and there was no evidence of deception.
• Cohen v. N.Y. Life Ins. Co.
  132 F.2d 494· 7th Cir.· 1942-12-17
  Fraudulent misrepresentations made in an application for reinstatement of an insurance policy, intended to induce the insurer to reinstate the policy, can be used as a defense by the insurer, even if the policy would otherwise be incontestable.
• Flanagan v. Rakiewicz
  146 Fla. 207· Fla.· 1941-02-21
  The appellate court affirmed the trial court's decision, finding the evidence abundantly sustained the bill of complaint.
• Jetter v. Haley
  143 Fla. 231· Fla.· 1940-05-24
  Elizabeth Jetter and her husband sought to void a quit claim deed they executed to Peter S. Haley, alleging they were deceived into believing Haley was the legitimate son and heir of Benjamin H. Haley. The Florida Supreme Court reversed the trial court's dismissal, holding that t
• Cantey v. Smith
  121 Fla. 912· Fla.· 1935-12-12
  The Florida Supreme Court affirmed a judgment in ejectment brought by a bank liquidator against a homeowner, holding that the homeowner's wife's deed to the liquidator was valid despite allegations that she failed to appear separately before the acknowledging officer, because the
• Rubin v. Lippman
  116 Fla. 787· Fla.· 1934-10-08
  Lucy Rubin appealed the striking of portions of her answer in a mortgage foreclosure action, challenging a subordination clause and asserting fraud in the mortgage transaction. The Florida Supreme Court affirmed, holding that the subordination clause only permitted replacement mo
• Laughlin v. Kent
  103 Fla. 280· Fla.· 1931-10-27
  Frances Laughlin appealed a foreclosure decree, challenging whether a portion of mortgaged property should be excluded based on alleged fraud in its description. The Florida Supreme Court affirmed the lower court's foreclosure decree, holding that the chancellor's factual finding
• Painter v. Penn Mut. Life Ins. Co
  S.D. Fla.· 1923-03-24
  A widow sought to cancel a release she executed on her husband's life insurance policy, alleging the insurance company's agents fraudulently represented that other insurers had agreed to pay their policies in full and that a pending lawsuit over her husband's vital organs would b
• Bass v. Lee
  73 Fla. 142· Fla.· 1917-01-26
  Bass sought to avoid liability on two promissory notes by claiming he signed them as an accommodation maker under an agreement with Waring that the notes would be used only to pay off prior overdue notes. The Florida Supreme Court affirmed judgment against Bass, holding that his