Wildes v. Ocean Nat'l Bank of Kennebunk, 498 A.2d 601 (Me. 1985). · Go Syfert
Wildes v. Ocean Nat'l Bank of Kennebunk, 498 A.2d 601 (Me. 1985). Cases Citing This Book View Copy Cite
22 citation events (2 in the last 25 years) across 5 distinct courts.
Strongest positive: In Re Light Cigarettes Marketing Sales Practices Litigation (med, 2010-09-16)
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 15 distinct citers.
discussed Cited as authority (rule) In Re Light Cigarettes Marketing Sales Practices Litigation
D. Me. · 2010 · confidence medium
Alliance Mortgage Co. v. Rothwell, 10 Cal.4th 1226 , 44 Cal.Rptr.2d 352 , 900 P.2d 601, 609 (1995) (stating that reliance is a factual question); Wildes v. Ocean Nat’l Bank of *202 Kennebunk, 498 A.2d 601, 602 (Me.1985) (same); Drelles v. Mfrs.
cited Cited as authority (rule) Fleet Nat'l Bank v. Hamilton Trowbridge Realty Hamilton Trowbridge Realty
Me. Super. Ct · 2001 · confidence medium
Wildes v. Ocean National Bank of Kennebunk, 498 A.2d 601, 602 (Me. 1985).
cited Cited as authority (rule) Photias v. Graham
D. Me. · 1998 · confidence medium
Wildes v. Ocean Nat’l Bank of Kennebunk, 498 A.2d 601, 602 (Me.1985).
examined Cited as authority (rule) Petit v. Key Bank of Maine (4×) also: Cited "see, e.g."
Me. · 1996 · confidence medium
Mariello v. Giguere, 667 A.2d 588, 590-91 (Me.1995) (oral representation as to quality and type of windows); DiPietro v. Boynton, 628 A.2d 1019, 1025 (Me.1993) (intent to perform option contract at time defendant entered into it); Estate of Paine, 609 A.2d 1150, 1153 (Me.1992) (failure of conservator to inform plaintiff or court of conveyance of assets to guardian); Stearns v. Emery-Waterhouse Co., 596 A.2d 72, 75 (Me. 1991) (equitable estoppel based on promisor's fraudulent conduct can avoid application of *434 statute of frauds in breach of oral contract action); Arbour v. Hazelton, 534 A.2d…
discussed Cited as authority (rule) Benefit Management v. Allstate Life Ins
1st Cir. · 1993 · confidence medium
Moreover, to sustain its burden on the claim of fraud, Benefit "must prove every element of [its] claim by clear and convincing evidence; in other words, evidence that establishes every factual element to be highly probable." Wildes v. Ocean National Bank of Kennebunk, 498 A.2d 601, 602 (Me. 1985). -14- 14 Benefit asserts that in order to properly exercise its rights under the Withdrawal and Suspension clause of the Amended General Agency Agreement,6 Northbrook had not only to cease marketing group life and health insurance through the NGA distribution system, but also through all distribution…
discussed Cited as authority (rule) Benefit Management v. Allstate Life Ins
1st Cir. · 1993 · confidence medium
Moreover, to _________ _____ sustain its burden on the claim of fraud, Benefit "must prove every element of [its] claim by clear and convincing evidence; in other words, evidence that establishes every factual element to be highly probable." Wildes v. Ocean National Bank of Kennebunk, ______ ________________________________ 498 A.2d 601, 602 (Me. 1985). -14- 14 Benefit asserts that in order to properly exercise its rights under the Withdrawal and Suspension clause of the Amended General Agency Agreement,6 Northbrook had not only to cease marketing group life and health insurance through the NG…
discussed Cited as authority (rule) Benefit Management of Maine, Inc. v. Allstate Life Insurance Co.
1st Cir. · 1993 · confidence medium
Moreover, to sustain its burden on the claim of fraud, Benefit "must prove every element of [its] claim by clear and convincing evidence; in other words, evidence that establishes every factual element to be highly probable." Wildes v. Ocean National Bank of Kennebunk, 498 A.2d 601, 602 (Me. 1985). 42 Benefit asserts that in order to properly exercise its rights under the Withdrawal and Suspension clause of the Amended General Agency Agreement, 6 Northbrook had not only to cease marketing group life and health insurance through the NGA distribution system, but also through all distribution sys…
discussed Cited as authority (rule) Poultry Processing, Inc. v. OLD ORCHARD OCEAN PIER, CO. (2×) also: Cited "see, e.g."
D. Me. · 1991 · confidence medium
See, e.g., Jourdain, 527 A.2d at 1307 (“[A] defendant is liable for fraud or deceit if ... ”); Butler, 500 A.2d at 260 (“[T]he plaintiff in an action for fraud must prove every ele *851 ment of his claim by clear and convincing evidence ... ”); Wildes, 498 A.2d at 602 (same); McKinnon, 440 A.2d at 1030 (“[A] defendant is liable for fraud or deceit if ...”); Emerson, 411 A.2d at 689 (“In order to prevail in an action for fraud or deceit the plaintiff must prove ... ”).
cited Cited as authority (rule) Witt v. McKenna
Me. · 1991 · confidence medium
Bank of Kennebunk, 498 A.2d 601, 602 (Me.1985).
cited Cited as authority (rule) Mattern Hatchery, Inc. v. Bayside Enterprises, Inc.
M.D. Penn. · 1991 · confidence medium
Butler v. Poulin, 500 A.2d 257, 260 (Me. 1985); Wildes v. Ocean National Bank of Kennebunk, 498 A.2d 601, 602 (Me.1985) and Letellier v. Small, 400 A.2d 371, 376 (Me.1979).
discussed Cited as authority (rule) Lietz v. Berry (2×) also: Cited "see"
Me. · 1988 · signal: cf. · confidence medium
Cf. Wildes v. Ocean Nat'l Bank of Kennebunk, 498 A.2d 601, 603 (Me.1985) (Evidence fails to compel a finding of fraud).
cited Cited as authority (rule) Arbour v. Hazelton
Me. · 1987 · confidence medium
Butler v. Poulin, 500 A.2d at 260 n. 5; Wildes v. Ocean National Bank of Kennebunk, 498 A.2d 601, 602 (Me.1985).
cited Cited as authority (rule) Butler v. Poulin
Me. · 1985 · confidence medium
Wildes v. Ocean National Bank, 498 A.2d 601, 602 (Me.1985); Horner v. Flynn, 334 A.2d 194 (Me.1975), as modified by Taylor v. Commissioner of Mental Health, 481 A.2d 139, 153-54 (Me.1984). 6 .
discussed Cited "see" Devine v. Roche Biomedical Laboratories, Inc.
Me. · 1994 · signal: see · confidence high
See generally Wildes v. Ocean Nat Bank of Kennebunk, 498 A.2d 601, 602 (Me.1985) (justifiable reliance on false representation is essential fact element of fraud claim); Restatement (Second) of Torts § 547 cmt. a (1977) (whether a person relies on a fraudulent misrepresentation as opposed to his own investigation is a question of fact).
cited Cited "see" Strout v. Gammon
Me. · 1993 · signal: see · confidence high
See Lietz v. Berry, 543 A.2d 367 , 368 n. 1 (Me.1988) (citing Wildes v. Ocean Nat’l Bank of Kennebunk, 498 A.2d 601, 603 (Me.1985)).
Charles L. WILDES
v.
OCEAN NATIONAL BANK OF KENNEBUNK and New England Seafood Packers, Inc. v. Charles L. WILDES
Supreme Judicial Court of Maine.
Oct 8, 1985.
498 A.2d 601
Charles L. Wildes, pro se (orally)., Robert E. Crowley (orally), Kennebunk, for Ocean Nat. Bank., Stephen Y. Hodsdon (orally), Kennebunk, for N.E. Seafood Packers, Inc.
McKusick, Roberts, Violette, Glassman, Scolnik.
Cited by 17 opinions  |  Published
McKUSICK, Chief Justice.

Charles L. Wildes appeals from a judgment entered in Superior Court (York County) against both him and his wholly owned corporation, Wildes, Incorporated (Incorporated). Wildes and Incorporated sued Ocean National Bank of Kennebunk (Bank), alleging that the Bank had fraudulently induced them to enter into a mortgage transaction with it on February 5, 1974. New England Seafood Packers, Inc. (Packers) purchased the mortgaged real estate located in Cape Porpoise from the Bank on June 1, 1977, after the Bank had purchased the property at a foreclosure sale a year before. Packers then brought a forcible entry and detainer action against Wildes and Incorporated. As a defense to Packers’ suit, Wildes and Incorporated claimed that because of fraud by the Bank in the mortgage transaction, their title to the property was superior to Packers’. The fraud suit and the issue of title in the forcible entry and detainer action were consolidated and tried before a Superior Court justice sitting without a jury. The Superi- or Court found against Wildes and Incorporated on both issues. Only Wildes has appealed. We affirm.

Wildes claims that he was induced to incur contractual obligations and to cause his corporation to execute a mortgage securing a $45,000 note by fraudulent representations by the Bank that he could ultimately borrow a total of $55,000. Wildes applied for a $55,000 loan on September 13, 1973. He alleges that a Bank official assured him at that time that the loan would be approved in the full amount requested. On November 7, 1973, the Bank sent Wildes a letter setting at $45,000 the maximum amount for which the loan would be approved. Wildes claims, however, that the Bank orally assured him that he could borrow the additional $10,000 once a cash shortage at the Bank was alleviated. He claims that those assurances continued up until the $45,000 loan closing on February 5, 1974, and were repeated at the closing. The Bank never loaned Wildes the additional $10,000.

The existence of a false representation and justifiable reliance thereon are among the essential fact elements of a fraud claim. Letellier v. Small, 400 A.2d 371, 376 (Me.1979). In addition, the plaintiff in a fraud action must prove every element of his claim by clear and convincing evidence; in other words, evidence that establishes every factual element to be highly probable. See Horner v. Flynn, 334 A.2d 194 (Me.1975), as modified by Taylor v. Commissioner of Mental Health and Mental Retardation, 481 A.2d 139, 153-54 (Me.1984). When the trial court finds that the plaintiff has failed to prove his fraud claim, that finding will stand unless it is shown on appeal to be clearly erroneous. M.R.Civ.P. 52(a). In light of the heavy burden that Wildes had to carry to prove fraud on the part of the Bank and in light of the deference that any appellate-court must pay to the findings made by the trial judge, we cannot say that the Superior Court’s rejection of Wildes’ fraud claim was clearly erroneous. We therefore af[*603] firm the judgments entered adverse to him and in favor of the Bank and Packers.

On the issue of reliance, the Superior Court found, based on Wildes’ own testimony, that Wildes was contractually committed to the construction of a building upon the mortgaged land before he either applied to the Bank for a loan or discussed a possible loan with Bank officials. By his own admission Wildes did not incur those contractual obligations in reliance upon assurances of future loans from the Bank. Furthermore, the court found that even if it assumed, without deciding, that the Bank represented on September 13, 1973, that Wildes’ loan request would be approved in full, no reliance upon that representation would have been justified after Wildes received the Bank’s letter of November 7, 1973. That letter informed Wildes unequivocally that his loan application would not be approved in an amount exceeding $45,000, and the letter entered as an exhibit bears Wildes’ handwritten acknowledgment. In addition, the attorney representing Wildes at the time testified that after receiving the November 7 letter, Wildes resigned himself to having to make do with only $45,000. Thus, the evidence supports the Superior Court’s findings that Wildes did not rely on assurances from the Bank in incurring contractual obligations and that Wildes did not, and could not have, justifiably relied upon any representation made on September 13,1973, in causing the mortgage to be executed on February 5, 1974. Having support in the evidence, these findings are conclusive and will not be disturbed on appeal. Estate of Turf, 435 A.2d 1087, 1089 (Me.1981).

The only evidence that the Bank made representations after November 7, 1973, that money in excess of $45,000 would be loaned to Wildes was the testimony of Wildes himself. The Superior Court found that the Bank never gave any such assurance. In assessing Wildes’ credibility, the court relied on the testimony of the attorney and the accountant representing Wildes at the time of the mortgage transaction. The attorney testified that he was present at the February 5, 1974, loan closing and that, contrary to Wildes’ testimony, he heard no assurances of future loans made to Wildes. The accountant testified that after February 5,1974, Wildes tried to obtain additional financing elsewhere after receiving only $45,000 from the Bank. It is primarily for the factfinder to assess the credibility of witnesses and to assign appropriate weight and significance to all of the evidence. In this case, the Superior Court justice’s articulated reasons for rejecting Wildes’ testimony are reasonable and well supported by the record. As such, the court’s finding that no representations were made after November 7, 1973, will not be disturbed on appeal. Tonge v. Waterville Realty Cory., 448 A.2d 902, 905 (Me.1982).

Thus, not only does the evidence at trial fail to compel a finding of fraud on the part of the Bank, it amply supports the contrary findings made by the Superior Court. The judgment against Wildes in his fraud suit against the Bank must be affirmed.

Wildes’ defense to Packers’ forcible entry and detainer action depended upon his success in getting the Bank’s foreclosure of the mortgaged premises set aside on the ground of fraud. Once Wildes failed in proving fraud in his suit against the Bank, his title defense to Packers’ attempt to evict him from those premises also failed. The judgment against Wildes in Packers’ forcible entry and detainer action must-also be affirmed.

The entry is:

Judgments affirmed.

All concurring.