Larson v. Seguin
South Dakota Supreme Court
Appeal from Municipal Court of Aberdeen. Hon. Guorg© W. CraND, Judge. Action by Ered Larson against W. P. Seguin, to recover the amount paid by plaintiff upon a promissory note alleged to have been delivered conditionally, and to have been transferred to an innocent purchaser, etc. From a judgment for plaintiff, -and from an order denying a new trial, defendant appeals. (i) Under point one of the opinion, Appellant cited: 20 Cyc. 13; 14 Am. & Eng.
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Appeal from Municipal Court of Aberdeen. Hon. Guorg© W. CraND, Judge. Action by Ered Larson against W. P. Seguin, to recover the amount paid by plaintiff upon a promissory note alleged to have been delivered conditionally, and to have been transferred to an innocent purchaser, etc. From a judgment for plaintiff, -and from an order denying a new trial, defendant appeals. (i) Under point one of the opinion, Appellant cited: 20 Cyc. 13; 14 Am. & Eng. Ency. of Raw 20 (2d Ed.). Respondent submitted that: The sale of the note constitutes actionable fraud under the facts as found by the trial court.
1Opinion of the CourtMcCOY, J.
Plaintiff by his complaint alleged that in December, 1911, the defendant was the agent for the First National Life & Accident Insurance Company and authorized to write insurance and reeeive premiums; that defendant represented to plaintiff that lie would and could take plaintiff’s application for insurance, and hold such application in abeyance at his office in Aberdeen until such time as plaintiff decided whether or not he would accept or reject such insurance; and that such application would remain in the office of defendant, and would not be sent to- said insurance company until by…
2Cases cited3 opinions
- McFarland v. SikesSupreme Court of Connecticut · 1886
- Watkins v. BowersMassachusetts Supreme Judicial Court · 1876
- Mehlin v. Mutual Reserve Fund Life Ass'nCourt Of Appeals Of Indian Territory · 1899
3Cited by2 opinions
- Waukee Savings Bank v. JonesSupreme Court of Iowa · 1916
- Dimock State Bank v. BoehnenSouth Dakota Supreme Court · 1922