Ellsworth v. Trinkle

Citations

• 96 Kan. 666
• 153 P. 543
• 1915 Kan. LEXIS 460

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Joinder of Plaintiffs — Tender—Evidence—Fraud. The evidence examined and held sufficient to sustain findings of fact establishing the right of the plaintiffs to sue jointly, excusing tender, and showing active fraud.</p> <p>2. Action — Recovery of Money Obtained by Fraud — ■Interest Allowable. The law implies a promise immediately to repay money wrongfully obtained, and in an action to recover the price of shares of corporate stock which the plaintiff was induced to buy through the defendant’s fraud interest is properly allowed by way of damages for retention of the money during the time the defendant had the use of it.</p>