· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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