Yates v. Garden City Sugar & Land Co.

The opinion of the court was delivered by

Dawson, J.:

The plaintiff was swindled out of twenty thousand dollars’ worth of Liberty bonds by one Francis C. McCarty in a fraudulent sale of a quarter section of Finney county land, and sought to fasten liability therefor on the defendants as principals of McCarty or as his coconspirators. Demurrers to plaintiff’s evidence were sustained, and he appeals.

To test the propriety of this disposition of the cause, the facts developed by the pleadings, the testimony and the documentary evi*406dence will need to be narrated at some length. It appears that in…