Hart v. Andrews

Citations

• 103 Ohio St. (N.S.) 218

Syllabus

<p>Attachment — Grounds of affidavit — Section 10253, General Code — Damages for fraudulent contract — Attachment without bond — Section 10254, General Code — Non-resident defendant — Remedial statutes liberally construed — Section 10214, General Code.</p> <p>1. Where a contract for the sale of stock in an incorporated company is duly made and partially executed, and it turns out that such contract was induced and caused by false and fraudulent representations by one of the parties thereto, proximately resulting in injury and damage to the other party, Held: That where a claim is made against a party alleged to have so induced such contract, for damages by reason thereof, a statutory ground for an attachment without bond against a non-resident is duly presented, notwithstanding the debt may have been fraudulently incurred. .</p> <p>2. Attachment proceedings being remedial in their nature should be liberally construed, and Section 10214, General Code, expressly provides that they shall be liberally construed in order to do justice between the parties. (Weirick v. Mansfield Lumber Co., 96 Ohio St., 386, approved and followed.) ■</p>