47 Minn. 80 | Minn. | 1891
This case was disposed of in the court below, upon a motion for judgment on the pleadings, which was granted. . As the answer controverts the material averments of the complaint, the merits of the controversy, as respects the truth of the matters alleged, are not involved in the decision. For the purposes of the motion, the complaint is to be taken as true, while the inconsistent aver-ments in the answer, denied by the reply, are to be taken as untrue or not established. The complaint, we think, states a cause of action. It was evidently drawn with reference to established rules of law applicable to this class of cases. It appears that the defendant was the executor' of the estate mentioned, duly qualified and acting, and that he induced the plaintiff to loan and pay out for said estate the sum of $2,500, “upon trust and the credit thereof,” by means of certain representations in respect to the condition or solvency of the
The material representations relied on are not matters of opinion, but of fact, and relate to the condition and credit of the estate, — a matter which he might be presumed to have knowledge of, and which it is alleged he stated he did know. Bigelow, Frauds, (Ed. 1888,) p. 481.
Judgment reversed, and new trial ordered.