Maxson v. Llewelyn

In Maxson v. Llewelyn (1898) 122 Cal. 195, the defendant argued there was insufficient evidence to show that at the time he made the representations he did not believe they were true. The California Supreme Court, in affirming a judgment against the defendant, stated: "It would in most cases be extremely difficult, and in many cases absolutely impossible, to procure direct evidence of this nature. In all cases it is permissible to prove fraud by circumstances, and in most cases it is the only evidence available. In aid of the direct facts proved, legitimate inferences are permitted to be indulged to establish other facts not directly in evidence." ( Id., at p. 198.)