Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1896-04-19
HE RECOVERED.
Judge Coleman's Instructions In the
Rivermont-Co.-Hun dIey Case.


Below is given the instructions Of
Judge Coleman to the jury in tho case OF
the Rivermont Company, OF Lynchourg.
against General Hundley. briefly report
cd in the Dispatch of Tuesday. The COM
pany sued General Hundley for $500, and
he recovered Judgment against them OF
500:
The Court instructs the jury: L II
they believe from the evidence In this
case that the Rivermont Company.
through its agents. exhibited TO the de-
PENDANT, George j.. Hundley. the names
OF Byrd Warwick and - Myers as
stockholders in said company. upon
subscription paper. intending TO infu-
ence the said Hundley thereby TO become
q subscriber to its stock. and that said
Hundley was Influenced thereby In
making his subscription, and that the
said Warwick and Myers were not sub
scribers TO the stock Of said company; or,
IL they believe that the said company
represented to said Hundley that the
Roanoke syndicate had subscribed aoso-
lutely for 10000 OF stock IN said COM
pany, with view TO influencing the SAID
Hundley TO subscribe FOR the STOCK OIL
said company; and that these represen-
making his subscription to said stock
whilst, in fact, the said Roanoke syn
dictate had not subscribed for more than
sl5OOc0 of said stock absolutely, then the
contract OF said Hundley with said COM
many was so tainted with fraud as 10
Justify the said Hundley In repudlatng
IL: and. II they fur ther believe that said
Hundley did repudiate the said suoscrip-
ton by such words or actions as plain
lv indicated TO said company his pur-
pose so to do as soon as he became aware
OF tbs fraud. then said Hundiey Is no,
bound by said contract, and Is ehutieo
to recover back from said company any
money paid to them before be discoVefs'.
the fraud, with interest from time OF
payment; and II makes no uinerehce
whether or not the agents OF the c',li-
many knew these representations 10 De
false. II is sufficient II they or any Oh
them were actually false when made.
? II they believe from the evidence
that the defendant. Hundley, informed the
president OF the company that he beileVed
himself entitled TO a RECESSION or the con-
tract. and would bring suit for that pur-
nose n the company did not settle with
him. and that the said president informed
said Hundley that the company did not
wish any controversy with him, ana IN
duced said Hundley not TO bring MS con
templated suit. under the belief that the
company would compromise with MN.
and assured him that his rights should
nor be impaired by the delay, then the
said Huudley Is In as favorable condi-
ton as " he had actually brought said SUIT
and he had the right to insist on AFRO
eating his said contract as soon as ne
found that said company did not INTEND
10 compromise with him, and he Is en-
titled TO recover OF said company the
money paid by him before he discovered
the fraud practiced upon him, and they
must find for the defendant.
3. II a contract be tainted with fraud,
any subsequent ratification thereoI must
be a solemn and deliberate act by the
marty defrauded, an act based upon fuli
and conplete information on the subject,
and every detail Of 1t. and upon clear
understanding OF his legal rights In the
premises, and IL anything be concealed
from him. or IL at the time OF the sup
posed ratification he had no knowledge
OF the falsity OF any material representa-
ton made to him on the subject, there
can be no ratification OF the contract
which binds him. Therefore. H. after the
said Hundley was informed that the hoa-
noke syndicate had not subscribed aDso-
lutely for the whole $4,000 OF stock, but
the teIulS Vi luc
were concealed from or not made known
TO him by the agents OF the company. or
IL said Hundley was not then Informed
that the said Warwick and Myers were
not subscribers to the stock of said COM
pany. he is not bound by said contract,
even though he may have promised TO
comply with his subscription or may have
given a proxy to represent him in
stockholders meeting. and they must
find for the defendant II they likewise
believe that he. repudiated said contract
as soon as he became fully informed OF
all the facts.
The Rivermont Company sued for
balance Of stock subscription. and Gene
raj Hundley pleaded Misrepresentation.
and claimed OF them by way OF Offset the
loo he had paid them. with interest. and
the Jury, under the instruction Of the
Court, sustained his plea and gave him
q verdict