Legal Opinion

Mee v. Carlson

South Dakota Supreme Court

Decided October 16, 1908PublishedCited by 16 opinions

Appeal from Circuit Court, Union County. Hon. Joseph W. JONES, Judge. Action by James Mee against F. O. Carlson and others. From a judgment for defendants, plaintiff appeals. Fraud without damage or damage without fraud will not sustain an action for deceit. Taylor v. Guest, 58 N. Y. 262; Nye v. Merr.iman, 35 Vt. 438; Freeman v. McDaniel, 23 Ga. 354; Bayard v. Holmes, 34 N. J. Faw 296; 3 Suth.

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Appeal from Circuit Court, Union County. Hon. Joseph W. JONES, Judge. Action by James Mee against F. O. Carlson and others. From a judgment for defendants, plaintiff appeals. Fraud without damage or damage without fraud will not sustain an action for deceit. Taylor v. Guest, 58 N. Y. 262; Nye v. Merr.iman, 35 Vt. 438; Freeman v. McDaniel, 23 Ga. 354; Bayard v. Holmes, 34 N. J. Faw 296; 3 Suth. Dam. 594; Cooly on Torts, 474. To sustain this defense of deceit or fraud the respondents must >show, not only that they relied upon the false and fraudulent representations of the original payee of the…

1Opinion of the CourtCorson, J.

This action was instituted -by the plaintiff as second indorsee of a promissory note, alleged to have been executed by the defendants to one Henry. Lefebure, for the sum of $800, with interest at the rate of 6 per cent, per annum, payable July 1, 1906, to recover from them the amount due thereon. Verdict and judgment being in favor of the defendants, the plaintiff has appealed.

The complaint is in the usual form, and after alleging the execution of the note, and giving a copy of the same, the plaintiff alleges: “That after the execution and delivery of the said note and before the maturity…

2Cases cited7 opinions

  1. Canajoharie National Bank v. DiefendorfNew York Court of Appeals · 1890
  2. Ray v. BakerIndiana Supreme Court · 1905
  3. Giberson v. JolleyIndiana Supreme Court · 1889
  4. Landauer v. Sioux Falls Imp. Co.South Dakota Supreme Court · 1897
  5. McGill v. YoungSouth Dakota Supreme Court · 1902

2 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Jerke v. Delmont State BankSouth Dakota Supreme Court · 1929
  2. Morgan v. Reasor Corp.California Supreme Court · 1968
  3. Union Nat. Bank v. MaillouxSouth Dakota Supreme Court · 1911
  4. Fidelity Trust Co. v. MaysSupreme Court of Georgia · 1914
  5. Quanah, A. & P. Ry. Co. v. Wichita State Bank & Trust Co.Texas Supreme Court · 1935

11 more not listed; retrieve them via the Exa API.

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