167 N.W. 623 | S.D. | 1922
“It is not essential to redress that a representation or concealment should have been the sole cause of action, but it is sufficient if it constituted one of several inducements and exerted a material influence. In such case recovery may be had, although the representation was not the predominating inducement to action, or the representee’s injury was due partly to his own mistake. Thus, where the representation was a material inducement to action recovery may be had although the injured party was influenced to some extent .by the statements of a third person or by information gained through independent investigation * * * or where the party relied partly upon representations and partly upon a guaranty.” 26 C. J. 1165, 1166; Busch v. Wilcox, 82 Mich. 315, 46 N. W. 940.
“Unless you believe and find from a preponderance of the evidence in this case that the defendant bank made to plaintiff representations in writing or otherwise relative to the financial standing, solvency or security offered by 'Donaldson, Smith' or Le Compte, and unless you further find that plaintiff relied upon such representations or any of them, and by reason thereof parted with its money or other things of value, and unless you' further find that such representations were false in whole or in part, and that by reason thereof the plaintiff suffered detriment, then, and in that case, you should return verdict finding for the defendant bank upon all the issues.”
It would serve no useful purpose to attempt to state or review the evidence. It is sufficient to say, after a careful reading of the record, that in our judgment there is sufficient evidence to show that plaintiff relied in a large degree, if not wholly, upon the statements and representations of Harris, president of defendant bank, as to the character and responsibility of the makers of the note and the existence and sufficiency of the mortgage security accompanying them, and that such statements were materially false and untrue, and were made with intent to deceive the officers of defendant batik.
We must assume that the jury were correctly instructed as to the measure of damages, and that their verdict was in accordance
■Alfter a careful consideration of the entire record and all the assignments of error, we find no reversible error, and the judgment and order of the trial court are affirmed.