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· 7/2/1979

Proctor Trust Co. v. Upper Valley Press, Inc.

Citations

  • 405 A.2d 1221
  • 137 Vt. 346

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • considering opinions “which [plaintiffs] knew were extremely likely to turn out to be false” combined with income projections based on highly unreliable data which “closely resemble misrepresentations of existing fact”
  • consolidated judgment granted plaintiff decree of foreclosure, but set off against the mortgage note the amount of defendants’ verdict on their counterclaim for fraud and deceit
  • scheme to defraud involved projections based on unreliable data, which court found “resemble[d] misrepresentations of existing fact”
  • trial court within its discretion to deny attorney’s fees to plaintiff upon foreclosure, as provided for in mortgage, “where the jury had found the plaintiff chargeable with fraud and deceit”
  • “mere expressions of opinion” cannot be basis for fraud action
  • “ ‘Actual fraud’ is deceitful misrepresentation or concealment with evil intent[.]”

Source: CourtListener parenthetical corpus (CC0).

Judges: Barney, Daley, Larrow, Billings, Hill

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.