Shafer v. Carson

Stephens,'J.

1. Tlie only evidence of fraud alleged upon the part of the defendant as inducing the plaintiff to become a creditor of the defendant consists of false promises upon the part of the defendant to repay the indebtedness or perform some other act in the future, and does not consist of any false representation as to an existing state of facts; and therefore the evidence is insufficient to authorize an inference that the indebtedness sued on was not dischargeable in bankruptcy upon the ground of fraud, and the trial court erred in submitting the issue of fraud to the jury.

2. The…