Russell v. Weiler

Citations

• 18 Ohio C.C. Dec. 176
• 7 Ohio C.C. (n.s.) 596
• 1905 Ohio Misc. LEXIS 491

Syllabus

<p>CORPORATIONS — EVIDENCE—FRAUD—TRIAL.</p> <p>Marvin, Winch and Henry, JJ.</p> <p>1. COURT MUST DEFINE ISSUES AND APPLY. RULES OF LAW.</p> <p>It is erroneous for the court, in submitting a case to the jury to merely read the- pleadings, and leave them not only to define the issues but also to apply thereto the rules of law laid down; a fortiori, ’when the action is founded upon fraud which is itself elusive in its nature, and a question therefore particularly requiring the court to define the issues precisely and completely.</p> <p>2. CIRCULARS OF PROMOTER ADMISSIBLE TO SHOW' KNOWLEDGE OF FALSITY OF HIS Agent’s Representations.</p> <p>Advertising circulars sent out by a promoter engaged in selling certain stock are admissible in evidence as bearing upon the question of whether or not he knew that certain representations with reference thereto, made by his agent, were false.</p> <p>3. Letters Competent as Admissions to Show Falsity of Representations Previously Made.</p> <p>Letters from a promoter with reference to certain corporate stock for sale by him are admissible in a suit for fraud in the sale thereof, as admissions or declarations tending to show the falsity of representations previously made.</p> <p>4. In Action for Fraudulent Sale, Evidence of Defendant’s Representations in Another Transaction, Inadmissible.</p> <p>In an action for a fraudulent sale of a certain corporate stock, the admission of evidence of the defendant’s newspaper advertisement of stock for sale.in another company which he promoted was erroneous.</p> <p>[Syllabus approved by the court.]</p>