Andrieux v. Kaeding
North Dakota Supreme Court
Appeal from an order of the District Court of Bottineau County, denying defendant’s motion to set -aside and vacate the judgment and grant a new trial; Honorable W. J. Knees!uiw, Judge. The evidence is insufficient to sustain the verdict. “Proof of fraud must be by clear and convincing evidence and evidenced by facts inconsistent with an honest purpose.”
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Appeal from an order of the District Court of Bottineau County, denying defendant’s motion to set -aside and vacate the judgment and grant a new trial; Honorable W. J. Knees!uiw, Judge. The evidence is insufficient to sustain the verdict. “Proof of fraud must be by clear and convincing evidence and evidenced by facts inconsistent with an honest purpose.” Reitsch v. McCarty (N. D.) 160 N. W. 694. “Proof of fraud must be by clear -and convincing evidence beyond reasonable controversy.” Richards v. Millard (Wis.) 131 N. W. 365. “In an actionable fraud, one of the essential elements to maintain…
1Opinion of the CourtGrace, J.
This action is one to recover the sum of $3,000, paid to Bessemer Iron Mining Company, while relying upon false and fraudulent representations of defendant, relative to the amount and value of iron ore deposits in certain property, known as the Bessemer Iron Mining Company, a corporation, part of the corporate stock of which was purchased by plaintiff.
The material facts are as follows:
The Crow Wing Iron Company was the owner of the north £ ol the southeast of section 6, township 46, range 29, Crow Wing county, state of Minnesota. The land is in the vicinity where iron ore is found and…
Also in this document: Concurrence.
2Cases cited1 opinion
- Huber v. ZeiszlerNorth Dakota Supreme Court · 1917
3Cited by11 opinions
- Umphrey Ex Rel. Umphrey v. DeeryNorth Dakota Supreme Court · 1951
- Butler v. &198tna Insurance Co.North Dakota Supreme Court · 1934
- Fisher v. SukoNorth Dakota Supreme Court · 1961
- Harmon v. HaasNorth Dakota Supreme Court · 1932
- Mousel v. WidickerNorth Dakota Supreme Court · 1955
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