Security Finance Co. v. McGaskill

With respect to the defense of fraud in the procurement of the notes sued on, it is nowhere alleged that the false representations, upon which defendant says he relied to his injury, were made with knowledge of their falsity or with reckless disregard of their truth or falsity, nor is it alleged that such false representations were made with intent to deceive the defendant. The allegations, therefore, are insufficient to support the charge of fraud. Stone v. Milling Co., post, 585.

Furthermore, it is alleged that the defendant informed the salesman of the Brenard Manufacturing Company “he was…