Ganow v. Ashton
South Dakota Supreme Court
Appeal from Circuit Court, Lvman County. Hon. Wiuliam WiuuiAMSON, Judge. Action by J. A. Ganow against 'George M. Ashton, to recover damages for alleged fraud and deceit in exchange of properties. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. The complaint does not allege or show any intent on part of defendant to defraud or deceive plaintiff.
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Appeal from Circuit Court, Lvman County. Hon. Wiuliam WiuuiAMSON, Judge. Action by J. A. Ganow against 'George M. Ashton, to recover damages for alleged fraud and deceit in exchange of properties. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. The complaint does not allege or show any intent on part of defendant to defraud or deceive plaintiff. The representations must not only be false in fact and cause loss to the plaintiff, but the defendant must have known they were false; and made them with intent to deceive the plaintiff. Marsh v. Falker, 40 N.…
1Opinion of the CourtMcCOY, J.
This is an action for fraud and deceit. There was judgment and verdict for plaintiff and defendant appeals.
Plaintiff by his complaint alleged that he was the owner of a certain half section of land, situated in Lyman county, of the value of $5,400 over and above incumbrances; that defendant was *463the owner of a certain promissory note for $5,900, dated October 1, 1909, and due October 1, 1914, executed by one Moore to defendant in consideration of the sale by defendant to Moore of 30 certain shares of the capital stock of the Armour Roller Mill Company, a corporation, and the possession of…
2Cases cited3 opinions
- Turnbull v. PaysonSupreme Court of the United States · 1877
- Kinseley v. . RumboughSupreme Court of North Carolina · 1887
- Thompson v. HardySouth Dakota Supreme Court · 1905
3Cited by4 opinions
- Crowley v. GoodrichSupreme Court of Vermont · 1945
- State v. Fullerton Lumber Co.South Dakota Supreme Court · 1915
- Klaveness v. FreeseSouth Dakota Supreme Court · 1914
- Buckner v. Endicott-Johnson Corp.Court of Appeals of Georgia · 1939