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falsity thereof, that the same was false to the knowledge of the representor, that it was made with the intention of being relied thereon, the belief of tlie one to whom it was made as to the truth thereof, the reliance of the latter in the same, and the consequent damage.
See Taylor vs. Commercial Bank, 174 N. Y., J8I, 185.
That all of these essentials existed appear from an examination of the record, and the evidence bearing upon the same has been set forth above in our Statement of Facts and Point I. Suffice it to say that when Mr. Lodge represented to Mr. Dyer on September 18th, 1908, that no person interested in any Exchange would be allowed to become interested in the Melies Company, or own any stock therein, this lepresentation, though referring to the futui'e, atid in the nature of a promivSe, was, in view of his admitted secret intention to the conti-ary, as evidenced by his subsequent conduct and admissions on cross-examination, a representation of a fact.
The cases bearing upon this point are cited hereafter.
It is palpable that the repiesentation by Mr. Lodge was false, for almost immediately thereafter 350 shares were sold to Mr. Lewis, who, as Mr. Lodge well knew, was and had been for years engaged in the business of conducting an Exchange. That Mr. Lodge knew his representation was false is apparent from his own knowledge of his secret intention to do other than as he represented and promised he would do. This mental reservation was necessarily uppermost in his mind and his subsequent conduct very shortly thereafter coupled with the fact that prior thereto 7 shares had been sold to one interested in the Exchange is absolute pioof thereof.
Moreover, as above pointed out, Lodge admitted
THAT AT THE VKRY TIME OF THE INTERVIEW WITH Mr. DyER
he was endeavoring to sell a large block of stock to Lewis, and the sale was consummated shortly after HIS return TO Chicago.