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· 2/23/1895

Sioux Banking Co. v. Kendall

Citations

  • 6 S.D. 543
  • 62 N.W. 377
  • 1895 S.D. LEXIS 150

Syllabus

<p>1. The direction of a verdict upon the evidence, if erroneous, is an “error of law occurring- at the trial.”</p> <p>2. To make false representations legally available, they must not only have been believed, but they must have been acted upon, and formed, at least in part, the inducement for the action resulting in damage,</p> <p>8. C. testified that in making a trade he believed the statements of B., who represented the defendants. Held, that this alone was not sufficient to show that such statement induced the belief or influenced the trade, as he might have believed the statement on the sole ground that it was consistent with what he had already concluded from other information, independent of such statement.</p> <p>(Syllabus by the Court.</p>

Judges: Kellam

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