Rucker

This is an appeal from a judgment for the plaintiff and from an order denying the defendant’s motion for new trial. The questions involved are presented by the appeal from the judgment, which alone, therefore, need be considered. Omitting immaterial circumstances, the case as presented by the complaint (which is found to be true in all its allegations) is as follows:—

The defendant B. F. Rucker on or about September’!, 1896, borrowed from the plaintiff the sum of $9,439.85, for the purpose of purchasing a band of cattle—falsely representing to it that the same could be immediately resold at a large profit, and promising to repay the money, together with a share of the profits, out of the proceeds of the sale, which representations were false, and were fraudulently made for the purpose of obtaining the money from plaintiff “without the intention of repaying the same.” The cattle were accordingly purchased by Rucker, and afterwards sold by him, for about the sum he paid for them, and out of the proceeds paid the plaintiff $5,000. But of the balance he fraudulently and without consideration, and for the purpose of concealing the money from the plaintiff and preventing it from…