Wyman v. Wilmarth
South Dakota Supreme Court
Appeal from district court, Kingsbury county. Hon. James Spencer, Judge. Motion to vacate warrant of attachment. Sustained. Plaintiff appeals. The facts so far as material are stated in the opinion. It is the duty of one who has made a credit statement upon which credit has been given, to withdraw that statement when it becomes false by reason of changed conditions.
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Appeal from district court, Kingsbury county. Hon. James Spencer, Judge. Motion to vacate warrant of attachment. Sustained. Plaintiff appeals. The facts so far as material are stated in the opinion. It is the duty of one who has made a credit statement upon which credit has been given, to withdraw that statement when it becomes false by reason of changed conditions. Lindauer v. Hay, 17 N. W. 98; Lewis v Pratt, 11 Minn. 57; Zabriska v. Smith, 13 N. Y. 332. A concealed insolvent condition is the same as an actual misrepresentation. Oswego Starch Co. v. Lindrum, 10 N. W. 900; Wiggin v. Gray, 9…
1Opinion of the CourtBennett, J.
This is a proceeding by attachment. On the 7th day of September, 1889, a motion to vacate the attachment was presented to the court; and on the 11th day of September, 1889, the motion was sustained, and the warrant of attachment was vacated. Prom this order plaintiff appeals.
The affidavit presents two grounds for the issuance of the warrant of attachment. First, that the debt was contracted for property obtained under false pretenses; second, that the defendant has disposed of, and is about to dispose of, his property, with intent to defraud his creditors. These allegations of the plaintiff…
2Cases cited5 opinions
- Genesee County Savings Bank v. Michigan Barge Co.Michigan Supreme Court · 1883
- Ellison v. TallonNebraska Supreme Court · 1873
- Wallace v. SortorMichigan Supreme Court · 1883
- Macumber v. BeamMichigan Supreme Court · 1871
- Sublett & Cary v. WoodSupreme Court of Virginia · 1882
3Cited by10 opinions
- Birken v. HickeySouth Dakota Supreme Court · 1920
- Trebilcock v. Big Missouri Mining Co.South Dakota Supreme Court · 1896
- Finch v. ArmstrongSouth Dakota Supreme Court · 1896
- Wilcox v. SmithSouth Dakota Supreme Court · 1893
- Guaranty State Bank v. VarlandSouth Dakota Supreme Court · 1926
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