Sonnesyn v. Akin
North Dakota Supreme Court
Appeal from District Court, Cass county; Pollock, J. Action by J. K. Sonnesyn against L. W. Akin and' G. M. Babcock. Judgment for defendants, and plaintiff appeals. The fifth ground for a motion for a new trial, viz; “Excessive damages appearing to have been given under the influence of passion or prejudice,” is available only where, though the case may be properly submitted, the jury have given damages in an unreasonable amount on account of passion or prejudice. 14 Ene.
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Appeal from District Court, Cass county; Pollock, J. Action by J. K. Sonnesyn against L. W. Akin and' G. M. Babcock. Judgment for defendants, and plaintiff appeals. The fifth ground for a motion for a new trial, viz; “Excessive damages appearing to have been given under the influence of passion or prejudice,” is available only where, though the case may be properly submitted, the jury have given damages in an unreasonable amount on account of passion or prejudice. 14 Ene. PI. & Pr. 886; Hayne on New Trials, 563, section 3; Mechelke et al. v. Bremer, 17 N. W. 682; Pratt v. Pioneer Press Co.,…
1Concurrence
Fisk, District Judge.
I am unable to concur in the foregoing
opinion. It seems to me that the same is the result of a misapplication of well-settled legal principles. I do not question the soundness of most of the propositions advanced in said opinion. They are well settled, and no one can question their soundness. These propositions are, briefly stated, as follows: (1) Fraud -without injury is not actionable, and hence damages must be shown in order to sustain an action for deceit. (2) A court of equity will not rescind a contract induced by fraudulent representations, in the absence of a…
2Cases cited32 opinions
- Valton v. . the National Fund Life Assurance CompanyNew York Court of Appeals · 1859
- Hodgkins v. . MeadNew York Court of Appeals · 1890
- Buffington v. GerrishMassachusetts Supreme Judicial Court · 1818
- Sonnesyn v. AkinNorth Dakota Supreme Court · 1905
- Derby v. GallupSupreme Court of Minnesota · 1860
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