Page:Federal Reporter, 1st Series, Volume 7.djvu/634

'632 ^-faDEBAI. BBl'OBTSlEI. �B^ja;: op MoNTBEAii V. Thateb. �{Circuit Court, B. l<ma, May 11, 1881.) �1. FEAPDtTLBNT RbPES18BNTATION8— PlEADING. �In an action £or false and fraudulent representations, the allegation that such representations were wrongful, false, and fraudulent, is sufflcient, Tvliere the said representations have been set out with due particularity. �2. Samk — Paett to Suit. �In such action, if the pnrty suing is not the party to -whom the false representations were made, it must appear that they were made with the intent that they should be acted upon by the parties, and that they were so acted upon by the plaintifl. �3. Same— Bamb. �It need not appear that the fraudulent representations were made directly and individually to the plaintifi, but it is aufflcient if it be shown that he was authorized to act, and did act, «pon such repre- sentations. �4. SaMB— ReCEIVEK'8 CbKTIFIOATBB — ftmCRASBIlS. �The receiver of a railroad executed and placed upon the market certain certiflcates' payable to A., or bearer, which contained, upon their face, certain false representations, intended to deceive whoever might purchase the same. HAd, that a hena Jide purchaser, before maturity and without notice, relying upon such fraudulent repre- sentations, might recover in an action for damages, although such receiver had no purpose to defraud and deceive such specifie pur- chaser when he executed the said certiflcates, �5. Same— Samb— Same. �Hdd,fvrther, that the fact that the payee. A.» participated in the fraud would not relieve the maker f rom liabilty, nor render it neces- sary that such payee should be joined in the action as a party defend- ant. �6. Same— Warrantiies. �Hdd,further, that the representations contained in such certiflcates were not warranties upon whjch an action could be malntained by the; purchaser. — [Ed. �Demurrer to petition. �This is an action to recover damages on the ground of �alleged false and fraudulent representations made by the �defendant, and the material facts alleged are the following : �(1) That the defendant was on the twenty-second of November, 1875, duly appointed receiver of the property and effects of the Chicago, Clin- ton & Western Railroad Company, by an order made by the district court of Clinton county, lowa, in a cause therein pending. ��� �