[DOWNLOAD] "Cuckovich v. Buckovich" by Supreme Court of Montana * eBook PDF Kindle ePub Free
eBook details
- Title: Cuckovich v. Buckovich
- Author : Supreme Court of Montana
- Release Date : January 02, 1928
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Fraud ? Sale of Corporate Stock ? Promise Made Without Intention of Keeping It ? Lack of Evidence of Fraudulent Intent in Promisor ? Failure of Proof ? Burden of Proof ? Presumptions. Fraud ? Burden of Proof. 1. In an action for damages for fraud, brought under subdivision 4 of section 7480, Revised Codes, 1921, the complaint in which charged that defendant induced plaintiff to buy corporate stock under the promise, made without any intention of keeping it, that if the stock was not worth a certain sum within six years, he would return to him the purchase price, plaintiff had - Page 2 the burden of proving, inter alia, that defendant made the promise and that, when he made it, he had no intention of performing it, under the rule that a party plaintiff must prove every material allegation of his complaint. Appeal ? Verdict Based upon Conflicting Evidence not to be Disturbed on Appeal, When. 2. On appeal, a verdict based upon sharply conflicting evidence will not be disturbed if there be sufficient evidence to justify it, especially when it has been approved by the trial court by refusal to grant a new trial. Fraud ? Law Presumes Good Faith ? Fraud Never Presumed. 3. The law presumes good faith and that when one, charged with making a fraudulent promise, made it, intended to perform it; it never presumes fraud, but the burden of proving fraud is on the party alleging it. Same ? If Promise Made in Good Faith at Time of Making It, Fraud not Worked by Subsequent Change of Mind. 4. Where a promise was made in good faith at the time when made, there is no fraud, though the promisor subsequently changes his mind and fails to perform. Same ? Suspicion Insufficient to Prove Fraud. 5. If the motive and design of an alleged fraudulent act may be traced to an honest and legitimate source, equally as to a corrupt one, the former must be preferred; a mere suspicion of fraud being insufficient to prove fraud. Same ? Sale of Corporate Stock ? Making Promise Without Intention of Keeping It ? Plaintiff must Prove Fraudulent Intent ? Failure of Proof. 6. Under the above rules held, that, while it may be difficult to prove the fraudulent intent of one making a promise without the intention of keeping it (sec. 7480, subd. 4, Rev. Codes, 1921), one so alleging must prove it, in the absence of any showing on the subject other than that about two years after making the promise defendant made remarks indicating that he then had no intention of performing, the evidence was insufficient to warrant a verdict in favor of plaintiff. - Page 3