Griswold v. Sundback
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Nrank R. Aikens, Judge. This case was first' decided by this court in an opinion rer ported in 4 S. D. 441, 57 N. W. 339, in which opinion the judgment of -the court below in favor of the plaintiff was affirmed. Thereafter a rehearing was ordered in the case. This opinion is upon the rehearing. Fraud may be presumed from the circumstances and facts surrounding a transaction.
Read the full summary
Appeal from circuit court, Minnehaha county. Hon. Nrank R. Aikens, Judge. This case was first' decided by this court in an opinion rer ported in 4 S. D. 441, 57 N. W. 339, in which opinion the judgment of -the court below in favor of the plaintiff was affirmed. Thereafter a rehearing was ordered in the case. This opinion is upon the rehearing. Fraud may be presumed from the circumstances and facts surrounding a transaction. Danby v. Sharpe, 2- McArthur, 435; Vance v. Phillips, 6 Hill 433; Downing v. Kelley, 49 Barb. 547; Bessler v. Joffron, 2 So. 795; Waite Fraud. Con. Section 244. When there…
1Opinion of the CourtFuller, J.
This case now before us on rehearing is reported in 4 S. D. 441, 57 N. W. 339, and was instituted in the court below to recover from an attaching officer and his deputy the possession or value of a certain stock of' hardware kept for the purpose of retail trade in the village of Dell Rapids, of which the plaintiff claims to be the owner and entitled to the immediate possession; and the value of said stock of merchandise is alleged to be $4,000. The action is in claim and delivery, acd the complaint contains the usual averments. To justify the siezure of the property, and as a defense to the…
2Cases cited4 opinions
- Litchman v. PotterMassachusetts Supreme Judicial Court · 1874
- Griswold v. SundbackSouth Dakota Supreme Court · 1893
- Malone v. StickneyIndiana Supreme Court · 1883
- McCourt v. BondWisconsin Supreme Court · 1885
3Cited by1 opinion
- Bowman v. KnottSouth Dakota Supreme Court · 1896