Helena Adjustment Co. v. Claflin

Fraud ? Evidence ? Insufficiency ? Costs ? Witness Fees and Mileage ? When Allowable. Fraudulent Representations ? Evidence ? Insufficiency. 1. In an action for alleged fraudulent representations by defendant as to amount of goods stored with him on which he claimed a lien for storage charges, on the strength of which representations plaintiff paid such charges to enable him to attach the goods, evidence held insufficient to warrant submission of the case to the jury. - Page 318 Same ? Failure of Plaintiff to Ascertain Truth or Falsity of Representations Defeats Action, When. 2. Where a party who claims to have been deceived to his prejudice by false representations had the means at hand to ascertain whether the statements made were true or not but failed to do so, his reliance upon the representations, however false, afford him no ground of complaint. Costs ? Witness Fees and Mileage Allowable Even Though Witness not Served With Subpoena. 3. A material witness who resided outside the county in which the case was tried at a distance greater than thirty miles and voluntarily attended the trial at the request of the prevailing party, and who after his arrival on the day set for trial had to wait for about a week before he was required to testify, on account of congestion of court business, was entitled to per diem for the whole time he was in attendance and not only for the day on which he gave his testimony, as well as to mileage, the service of a subpoena not being a prerequisite to their allowance. Same ? Attendance of Witnesses ? Necessity of Attendance ? Good Faith on Part of Litigants Required. 4. Good faith must be exercised by litigants in procuring the attendance of witnesses, whether by means of subpoena or where they are induced to appear voluntarily, and the court may, on motion to retax costs, consider the necessity of the witness attendance, the circumstances under which he is called, and the like.