Schenck v. Knott

Citations

• 21 Ohio C.C. Dec. 581

Syllabus

<p>CHARGE OF COURT — DAMAGES—JUDGMENTS—NEW TRIAL.</p> <p>1. Judgment may be had against one Defendant in Action against Several fob Wrong which Might have been Committed by one.</p> <p>In an action against several defendants to recover damages, in which it is alleged that the defendants conspired to commit an actionable wrong which is capable of being perpetrated by the joint act of several or by the independent act of one, judgment may be recovered against one defendant and in favor of another, and the failure of the court so to submit the case to the jury that they may find for one defendant and against the other is error.</p> <p>2. Party Liable in Damages fob Certification to a Statement not Known to Him to be True which was in Fact False.</p> <p>It is error to charge that “If the party signed certificate of incorporation certifying that there had been $150,000 paid in, not knowing whether it was true or false, when in fact it was untrue, and such signing was done without knowledge thereof as to its truth or falsity, such statement would be recklessly made, and party making it would be liable for damages resulting, the same as though he knew the statement to be untrue.”</p> <p>3. Measure of Damages for Fraudulent Sale of Stocks.</p> <p>It is error to charge as to a fraudulent sale of stock, that the measure of damages is the difference between the price paid and the value at the time of trial after the sale.</p> <p>4. New Trial Granted on Newly Discovered Evidence which Tends to Disprove Grounds of Action as Well as Impeach Plaintiff.</p> <p>On newly discovered evidence offered by defendant in support of a motion for a new trial, a new trial should be granted when such evidence is competent for the purpose of rebutting the evidence to sustain the plaintiff's action although incidentally tending to impeach the plaintiff, provided that its character be such that it ought to influence a different verdict.</p> <p>[Syllabus approved by tbe court.]</p>