McMahon v. Plummer

Supreme Court of Dakota

McMahon v. Plummer

6 Dakota 42

CourtSupreme Court Of The Territory Of Dakota

DecidedFebruary 15, 1888

StatusPublished

Cited by1 cases

This text of 6 Dakota 42 (McMahon v. Plummer) is published on Counsel Stack Legal Research, covering Supreme Court Of The Territory Of Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McMahon v. Plummer, 6 Dakota 42 (dakotasup 1888).

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Opinion

By the Court :

The judgment is affirmed upon the ground :

1. If the check in controversy was obtained by fraud the contract was not void, but voidable, and the defendants should have rescinded, or offered to rescind, and delivered to the defendant, the possession of the property received.

2. There was a sufficient consideration for the check in the surrender of the possession of the property and dismissal of the action.

3. The court did not err in refusing to direct a verdict for the defendants.

All of the justices concur.

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By the Court :

The judgment is affirmed upon the ground :

1. If the check in controversy was obtained by fraud the contract was not void, but voidable, and the defendants should have rescinded, or offered to rescind, and delivered to the defendant, the possession of the property received.

2. There was a sufficient consideration for the check in the surrender of the possession of the property and dismissal of the action.

3. The court did not err in refusing to direct a verdict for the defendants.

All of the justices concur.

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Bluebook (online)

6 Dakota 42, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcmahon-v-plummer-dakotasup-1888.

Opinion

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