Whitbeck v. Sees

Citations

• 10 S.D. 417
• 73 N.W. 915
• 1898 S.D. LEXIS 10

Syllabus

<p>1. Under Comp. Laws, 1 3507, characterizing as actual fraud any “acts fitted to deceive,” and “connivance with intent to deceive or to induce another to enter into a contract,” where a treasurer of a school district, confederating with another to assist him in procuring money, and for the purpose of misleading the public, indorsed upon a school warrant illegally issued that the same had been presented for payment and refused because of a lack of funds, and also officially certified that the same would be paid as soon as funds were at hand, and thereby induced an innocent purchaser to take the warrant for a valuable consideration, he is liable to such purchaser.</p> <p>2. Great latitude is indulged in to sustain a complaint assailed for the first time at the trial by an objection to the introduction of evidence on the ground that the complaint fails to state facts sufficient to constitute a cause of action.</p>