Crawford v. Crawford
Decision Date | 23 February 1910 |
Parties | CRAWFORD v. CRAWFORD (two cases). |
Court | Georgia Supreme Court |
Syllabus by the Court.
The fact that the plaintiff and the defendant are brothers does not of itself create a confidential or fiduciary relation between them. There is no presumption that such relation exists between brothers solely from the fact that they are so related. If a confidential or fiduciary relation exists between brothers, it must be shown by proof; and the burden is upon the party asserting the existence of such relationship to affirmatively show the same.
Where one practices upon another fraud and deceit, whereby the latter is induced to accept property in settlement of a debt much greater in amount than the value of the property, an injury is done to property and not to the person, and the statute of limitations in reference to actions for injuries to property applies.
Where an action is brought to recover damages alleged to have resulted to the plaintiff in consequence of the perpetration of fraud charged to have been practiced upon him by the defendant, the cause of action, as stated in the declaration being apparently barred by the statute of limitations, and it is sought to relieve such action of the bar of the statute by alleging that it was brought within the statutory period after the discovery of the fraud, if it does not appear from the petition that the plaintiff used proper diligence to discover the fraud, the petition should be dismissed upon appropriate demurrer thereto.
Error from Superior Court, Fulton County; W. D. Ellis, Judge.
Action by T. J. Crawford against J. M. Crawford. Judgment of nonsuit and plaintiff brings error, defendant filling cross-exceptions. Main bill of exceptions dismissed. Reversed on cross-bill of exceptions.
Where an action for fraud is apparently barred by limitation, and it is sought to relieve the action of the bar by alleging that it was brought within the statutory period after discovery of the fraud, the petition must show that plaintiff used proper diligence to discover the fraud.
The plaintiff brought suit against the defendant, making substantially the following allegations: They are brothers and were born and reared in the same county. The defendant is six years older than the plaintiff. The plaintiff came to Atlanta in 1892, and the defendant a number of years prior thereto, both for the purpose of engaging in the practice of medicine. Prior to the plaintiff's removal to Atlanta he loaned the defendant, in 1890 or 1891, $2,500, and took his note for the same. After such removal, he loaned the defendant various other sums until January 1, 1896, which at that time, with the prior loan, aggregated $5,000, on which date the defendant gave the plaintiff a note for $5,000, due one day after date. The defendant asked the plaintiff to deal in stocks, with the latter's money, with the understanding that the defendant would sustain the losses and they would equally divide any profits made. During the first six months of 1895 the plaintiff invested in stocks for a short time and made profits of $70, one-half of which was paid to the defendant. Later on plaintiff lost $800, which defendant refused to pay, and has never paid. During the summer of 1896 defendant repeatedly told plaintiff's wife that "he was badly involved financially; that he intended to let his creditors take his property, for the reason that he was unable to pay what he owed." Plaintiff went to defendant on or about October 12, 1896, for the purpose of collecting the money due him. Defendant told plaintiff that "he owed large sums of money that he was unable to pay; that he was insolvent, and would lose everything that he had;" that defendant's wife owned a lot covered by a mortgage to secure $2,000, which she would convey in settlement of the indebtedness; and that, if plaintiff did not accept this proposition, he would lose such indebtedness. Plaintiff was raised with defendant, and had gone to school to the defendant, and had implicit confidence in him. Plaintiff accepted the proposition, and on or about October 12, 1896, defendant's wife conveyed the lot to plaintiff's wife; the latter assuming the mortgage thereon. The lot was worth $3,500, less the amount secured by the mortgage, and plaintiff received only $1,500, less $35 interest paid on the debt secured by the mortgage. Defendant at the time of the conveyance stated that there was $35 interest due on the note secured by the mortgage, and that he did not have the money with which to pay the same; and it was paid by the plaintiff. Plaintiff continued to rely on and believe the statements of the defendant until September, 1903. ...
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Fed. Deposit Ins. Corp. v. Loudermilk
...that have, in various contexts, determined that injuries to "property" are not restricted to tangible property. In Crawford v. Crawford , 134 Ga. 114, 67 S.E. 673 (1910), for example, we considered whether plaintiff’s fraud claims for purely pecuniary losses—the balance of a debt owed—were ......
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Johnson v. Sherrer
... ... exists between brothers-in-law solely from the fact that they ... are so related. Crawford v. Crawford, 134 Ga ... 114(1), 67 S.E. 673, 28 L.R.A.,N.S., 353, 19 Ann.Cas. 932; ... Bryan v. Tate, 138 Ga. 321, 323, 75 S.E. 205; ... ...
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Denham v. Shellman Grain Elevator, Inc.
...from the discovery of the fraud. Cade v. Burton, 35 Ga. 280; Knox v. Yow, 91 Ga. 367(5), 17 S.E. 654; Crawford v. Crawford, 134 Ga. 114, 67 S.E. 673, 28 L.R.A., N.S., 353, 19 Ann.Cas. 932; Jones v. Johnson, 203 Ga. 282, 46 S.E.2d 484. However, this rule does not apply here where only person......
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Stephens v. Walker
... ... one possessing the facts as to the cause of action to reveal ... them. A mere kinship by blood does not create such a ... relation. Crawford v. Crawford, 134 Ga. 114, 67 S.E ... 673, 28 L.R.A., N.S., 353, 19 Ann.Cas. 932; Brinsfield v ... Robbins, 183 Ga. 258, 270, 188 S.E. 7, and ... ...