Galvin v. Tibbs, Hutchings & Co.
North Dakota Supreme Court
Appeal from District Court, Grand Forks County; Fisk, J. Action by Richard Galvin against Ti'bbs, Hutchings & Co. From a judgment for plaintiff and an order denying a new trial, defendant appeals. The charge of the court, that the assertion as a fact of that which ft not true by one who has no reasonable ground for believing it true, constitutes deceit, is good law. Mooney v. Davis, 42 N. W. 802; Hudnut v. Gardner, 26 N. W. 502; Judd v. Weber, 11 Atl. 40; Claflin v. Com.
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Appeal from District Court, Grand Forks County; Fisk, J. Action by Richard Galvin against Ti'bbs, Hutchings & Co. From a judgment for plaintiff and an order denying a new trial, defendant appeals. The charge of the court, that the assertion as a fact of that which ft not true by one who has no reasonable ground for believing it true, constitutes deceit, is good law. Mooney v. Davis, 42 N. W. 802; Hudnut v. Gardner, 26 N. W. 502; Judd v. Weber, 11 Atl. 40; Claflin v. Com. Ins. Co., 110 U. S. 81; Wheeler v. Barr, 6 Ind. App. 530; Moyer v. Lederer, 50 111. App. 54; Flower v. Brumbach, '23 N. E.…
1Opinion of the CourtSpalding, J.
This is an appeal from a judgment in favor of the-plaintiff and an order -of the district court of Grand Forks county denying defendant’s motion for a new trial.
The action was brought to recover damages claimed by reason of the levy on and sale under execution of certain personal property-belonging to the plaintiff, claimed by him to be exempt. The defendant justifies the sale under the claim that the firm of which the plaintiff was a member had secured the credit and goods for which the debt was owed from it under false pretenses, by reason of which the plaintiff was not entitled to those…
2Cases cited3 opinions
- Pengilly v. J. I. Case Threshing Machine Co.North Dakota Supreme Court · 1902
- Amundson v. WilsonNorth Dakota Supreme Court · 1902
- Strecker v. RailsonNorth Dakota Supreme Court · 1907
3Cited by5 opinions
- Kavanaugh ex rel. Kavanaugh v. NestlerNorth Dakota Supreme Court · 1920
- Nilson v. HortonNorth Dakota Supreme Court · 1909
- Lohr v. HonsingerNorth Dakota Supreme Court · 1910
- Larson v. RussellNorth Dakota Supreme Court · 1919
- McKenzie v. HilleboeNorth Dakota Supreme Court · 1914