Stratton's Independence, Ltd. v. Dines

Citations

• 126 F. 968
• 1904 U.S. App. LEXIS 4589

Syllabus

<p>1. Pleading — Answer—Special Defenses.</p> <p>Under the provision of the Colorado Code that the defendant may set forth by answer as many defenses as he may have, it is no objection to a special defense pleaded that the matter it covers may be given under the general issue.</p> <p>8. Fraudulent Representations — Right of Action for Damages — Corporation.</p> <p>An English corporation organized to take over mining property in Colorado, by the sole owner thereof, who conveyed the property to the corporation, and received all the issued stock, except seven shares, of one pound each, which were allotted to seven other persons nominated by him, and associated with him in the organization for the sole purpose of complying with the English companies acts, cannot maintain an action against him to recover damages because of alleged false representations made by him to his associates with respect to the value of the property.</p> <p>8. Same — Action for Damages — Defenses.</p> <p>Allegations in the answer in an action to recover damages for false representations in a sale of property by defendant to plaintiff showing that plaintiff did not purchase in reliance upon such representations, but upon information obtained from an independent source, state a good defense.</p> <p>4. Same.</p> <p>Facts pleaded in the answer in such an action which tend to negative the falsity of the representations alleged in the complaint are proper matters of defense.</p> <p>5. Executors — Actions against — Colorado Statute.</p> <p>Under the statute of Colorado relating, to the appointment and powers of executors (Mills’ Ann. St. § 4687 et seq.), as construed by the Supreme Court of the state, an action cannot be maintained against the executors named in a will on a claim against the testator prior to the time when the will has been probated, and such executors have qualified and received letters testamentary.</p> <p>6. Survival of Causes of Action — Law Governing — Place where Cause of Action Ar