Goings v. White

Indiana Supreme Court

Goings v. White

33 Ind. 125

CourtIndiana Supreme Court

DecidedJuly 1, 1870

StatusPublished

Cited by3 cases

This text of 33 Ind. 125 (Goings v. White) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Goings v. White, 33 Ind. 125 (Ind. 1870).

Pincite

Opinion

Ray, J.

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.

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Ray, J.

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.

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Bluebook (online)

33 Ind. 125, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goings-v-white-ind-1870.

Opinion

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