Goings v. White
Cases that cite this one
3 later published cases cite this decision.
- Sioux Banking Co. v. Kendall (S.D. 1895)
- Burden v. Burden (Ind. 1895)
- First National Bank v. North (S.D. 1892)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The first paragraph of the complaint was insufficient, and the demurrer should have been sustained to it. .There is no averment that the plaintiff’ relied upon the representations of the defendant. The want of such averment cannot be supplied by a recital of evidence which might justify a presumption that the representations were relied upon, unless such evidence be conclusive of that fact.
The judgment is reversed, with costs; and the cause remanded, with directions to sustain the demurrer to the first paragraph of the complaint.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.