Phillips
Phillips v. Manufacturers Trust Co.
Opinion
Lead Opinion
Haney, J.
Appeal is taken from an order dismissing an action, originally brought in a state court by appellant, and thereafter removed to the court below.
On February 8, 1937, appellant filed in a state court of Idaho, an action to recover $500,000 with interest from February 15, 1934, and costs from Manufacturers Trust Company, a New York corporation, hereinafter called appellee, and one Lewis, whose citizenship was not alleged. The gist of the cause of action was that Lewis as agent of appellee, its officers and directors, conspired to defraud appellant on November 19, 1931, by having *725 Lewis induce appellant to lease and obtain an option to purchase certain mining property in Gem County, Idaho, the record title to which stood in the name of Lewis, by falsely representing that Lewis was the true owner of such property; that appellant relied on the false representation, entered the premises, improved and operated the same; that on February 15, 1934, “after said [appellant] discovered the falsity of said representations” he ceased operating the property, and delivered the same to appellee on demand, to his damage.