Davenport v. Buchanan
South Dakota Supreme Court
Appeal from Minnehaba county court. Hon. E. Part.t-man, Judge. Action for damages for false representations. Judgment was rendered for defendants, and plaintiff. appeals. The facts are stated in the opinion. The real party in interest in a fraudulent transaction upon whom a fraud has been perpetrated is the only person entitled to recover.
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Appeal from Minnehaba county court. Hon. E. Part.t-man, Judge. Action for damages for false representations. Judgment was rendered for defendants, and plaintiff. appeals. The facts are stated in the opinion. The real party in interest in a fraudulent transaction upon whom a fraud has been perpetrated is the only person entitled to recover. Hewitt v. Young, 47 N. W. 1084; Techout v. Van Hoesen, 40 N. W. 96; Pennybacker v. Leony 21 N. W. 575; Williams v. Sheldon, 28 N. W. 115; Bowen v. Billings, 14 N. W. 152. It is a well settled rule that a person who undertakes to act for another in any…
1Opinion of the CourtFuller, J.
To recover damages alleged to to have been sustained by the false and fraudulent representation of defendant, and in support of the allegations of fraud relied upon and set up in his complaint, plaintiff testified, in effect, before the jury, and in his own behalf, at the trial: That prior to the transaction mentioned in his complaint, and for a number of years, he had known the defendant Mr. Buchanan, who was a dealer in real estate, and had frequently done business with him. That about the 1st of March, 1889, Mr. Buchanan came to the office of plaintiff, and told him that he was holding for…
2Cases cited12 opinions
- King v. . BarnesNew York Court of Appeals · 1888
- Bates v. BabcockCalifornia Supreme Court · 1892
- Randall v. Burk TownshipSouth Dakota Supreme Court · 1893
- Richards v. GrinnellSupreme Court of Iowa · 1884
- Flower v. BarnekoffOregon Supreme Court · 1890
7 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Beare v. J.A. WrightNorth Dakota Supreme Court · 1905
- Lane v. LodgeSupreme Court of Georgia · 1912
- Mayo v. WahlgreenColorado Court of Appeals · 1897
- Muir v. SamuelsCourt of Appeals of Kentucky · 1901
- Fink v. WeismanCalifornia Court of Appeal · 1933
16 more not listed; retrieve them via the Exa API.