Legal Opinion

Paxton & Gallagher Co. v. McDonald

South Dakota Supreme Court

Decided June 8, 1904PublishedCited by 1 opinion

Appeal from circuit court, Pennington county; Hon. Levi McGee, Judge. Action by the Paxton & Gallagher Company against Albert C. McDonald. Prom a judgment in favor of plaintiff granting insufficient relief, it appeals.

1Opinion of the CourtPuller, J.

Whether the debt made the basis of this action was incurred for property obtained under false pretenses appears to be the only contested issue presented by the pleadings, and the court before whom the trial was had without a jury found squarely in the affirmative, but refused to incorporate into its conclusions of law or judgment a recital to that effect, and plaintiff appeals. It conclusively appears that a false property statement was intentionally made by respondent for the purpose of obtaining credit from appellant, whereby its officers were deceived, and induced to sell the merchandise…

2Cases cited1 opinion

  1. Sundback v. GriffithSouth Dakota Supreme Court · 1895

3Cited by1 opinion

  1. Jewett Bros. v. BentsonSouth Dakota Supreme Court · 1904

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